Hipcamp Terms of Use

Last Updated Date: March 22, 2022


THESE TERMS OF USE APPLY IF YOUR COUNTRY OF RESIDENCE OR ESTABLISHMENT IS OUTSIDE THE EUROPEAN ECONOMIC AREA (“EEA”), SWITZERLAND, OR THE UNITED KINGDOM. IF YOUR COUNTRY OF RESIDENCE OR ESTABLISHMENT IS WITHIN THE EEA, SWITZERLAND OR THE UNITED KINGDOM, PLEASE REFER TO THE TERMS OF USE FOR EUROPEAN USERS.

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITE OF HIPCAMP, INC., HIPCAMP UK LTD, HIPCAMP CANADA, INC., HIPCAMP AUS PTY LTD, OR THEIR SUBSIDIARIES, AFFILIATES, OR AGENTS (COLLECTIVELY, “HIPCAMP” OR “WE”) THAT LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY HIPCAMP OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING HIPCAMP’S MOBILE APPLICATION (THE “APP”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HIPCAMP, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT ENTITY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 16.2 (ARBITRATION AGREEMENT) OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE BE AWARE THAT SECTION 2.5 (COMPANY COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

You should print a copy of these Terms of Use or save them to your computer for future reference.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY HIPCAMP IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Hipcamp will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the App.  We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Agreement will be effective immediately for new Users and will be effective thirty (30) days after posting notice of such changes for existing Users.  Hipcamp may require you to affirmatively consent to the updated Agreement in a specified manner before further use of the Website, the App or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the App and/or the Services.  Otherwise, your continued use of the Website, the App and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. OUR SERVICES.

    1. Services Overview.  Our Services include the online networks and services that (a) connect individuals seeking campsite information, events, and reservations (“Campers”) with resources about camping, campsites, events, mobile homes and camping vans (“Vehicle(s)”), and other land or property suitable for use in connection with camping (each, a “Property”); (b) allow individuals or entities that own or otherwise have the authority to make available a Property (each, a “Landowner”) to make their Property available to Campers through a posted advertisement for such Property on the Services (each, a “Listing”); and (b) allow Campers to make reservations for access to and use of Property in accordance with the terms provided by the Landowner (each, a “Booking”). These Terms of Use apply to both Campers and Landowners and their use of the Services. If you are a Landowner, the Landowner Terms of Use also apply to your use of the Services.

    2. Terms Applicable to Campers.

      1. Booking. This Agreement shall govern any Booking. There may be additional terms and conditions that apply to any request for a Booking (each, a “Booking Request”) or a Booking that you make, including policies that are set by the applicable Landowner that owns or manages such Property (“Property Rules”). These Property Rules may be set forth on the Service or otherwise communicated to you via a Booking confirmation email. Your ability to make a Booking for any Property is subject to: (i) availability of the Property; and (ii) payment of all fees and charges incurred in reserving and/or using the Property. Unless otherwise agreed in writing, you must settle all fees and charges incurred in reserving and/or using the Property prior to your use of the Property. A Booking is not confirmed until you have received written confirmation of the same through the Service.

      2. Property Terms and Conditions.  You agree to comply with all applicable Property Rules and applicable laws, rules, regulations, and local ordinances in connection with your use of the Service and any Booking. You understand that a violation of Property Rules may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(s). You hereby authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any property damage or physical injury you cause). Hipcamp may at any time require that you agree to Supplemental Terms prior to booking certain types of Properties.

      3. Damage to Property. You are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that you are responsible for: (i) your own acts and omissions in connection with any Property; and (ii) the acts and omissions of any third parties to whom you provide access to the Property, including without limitation any guests or invitees.

      4. Temporary Access. A Booking is a temporary grant of access to a Property for a limited term, and shall not be considered to convey a tenancy, leasehold, ownership interest, or any right of access in and to the Property beyond the term for which a Camper initially made such Booking. As a Camper, you acknowledge and agree that you have no, and will obtain no, rights in or to any Property and you represent and warrant that (i) you will not exceed the term of any Booking without the Landowner’s prior written consent; and (ii) you will not assert or attempt to assert any ownership interest in any Property arising from or related to a Booking.

      5. Insurance. Hipcamp may provide primary liability insurance for certain Landowners. Campers agree not to look to any such insurance for coverage. Hipcamp may provide certain liability insurance and protection against property damage for the Landowners as described in this Agreement and in the Hipcamp Insurance Policy and Property Protection Plan. You are fully responsible for paying any damages not covered by our insurance, as well as insurance deductibles, fees, expenses, liens and fines arising out of your use or occupation of the Property. As further described in Section 1.2(f) below, such primary liability insurance does not and shall not apply to any Vehicle

      6. Vehicles. When you make a Booking of a Vehicle, you acknowledge and agree that Hipcamp shall have no liability to you in connection with such Booking, including without limitation with respect to any claim arising from or related to your operation of such Vehicle, damage to such Vehicle, damage caused by or in connection with your operation of such Vehicle, or otherwise. Each Landowner is solely responsible for obtaining commercial insurance for such Landowner’s Vehicle and providing such commercial insurance for such Vehicle to any Camper that makes a Booking for such Vehicle. Local law may require a license or other permit to operate a Vehicle in addition to any requirements set forth in the Property Rules. Hipcamp shall have no liability in connection with a Camper’s license or permit, or failure to obtain the same.

    3. Use of the Services and Hipcamp Materials.  The Website, the Services, the Application, and the information and content available on the Website and in the Services, (collectively, the “Hipcamp Materials”) are protected by copyright laws throughout the world.  Subject to the Agreement, Hipcamp grants you a limited license to reproduce portions of the Hipcamp Materials for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Hipcamp in a separate license, your right to use any Hipcamp Materials is subject to this Agreement.

    4. Application License. Subject to your compliance with the Agreement, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced App”), you will only use the App Store Sourced App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding anything else set forth herein, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced App”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

    5. Updates.  You understand that the Hipcamp Materials are evolving.  As a result, Hipcamp may require you to accept updates to the Hipcamp Materials that you have installed on your computer or mobile device.  You acknowledge and agree that Hipcamp may update the Hipcamp Materials with or without notifying you.  You may need to update third-party software from time to time in order to use the Hipcamp Materials.

    6. Certain Restrictions.  The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Hipcamp Materials or any portion of the Hipcamp Materials, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Hipcamp Materials (including images, text, page layout or form) of Hipcamp; (c) you shall not use any metatags or other “hidden text” using Hipcamp’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Hipcamp Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Hipcamp Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Hipcamp Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Hipcamp Materials. Any future release, update or other addition to the Hipcamp Materials shall be subject to this Agreement.  Hipcamp, its suppliers and service providers reserve all rights not granted in this Agreement.  Any unauthorized use of the Hipcamp Materials terminates the licenses granted by Hipcamp pursuant to this Agreement.

  2. REGISTRATION.

    1. Registering Your Account.  In order to access certain features of the Hipcamp Materials you may be required to become a Registered User.  For the purposes of this Agreement, a “Registered User” is a User who has registered an account on the Website (“Account”).

    2. Access Through a SNS.  We may enable you to link your Account with a valid account on a social networking service (“SNS” and each such account, a “Third-Party Account”) by allowing Hipcamp to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to Hipcamp and/or grant Hipcamp access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Hipcamp to pay any fees or making Hipcamp subject to any usage limitations imposed by such third-party service providers.  By granting Hipcamp access to any Third-Party Accounts, you understand that Hipcamp may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Hipcamp Materials (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Hipcamp Materials via your Account.  Unless otherwise specified in this Agreement, all SNS Content shall be considered to be Your Content (as defined below) for all purposes of this Agreement.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Hipcamp Materials. Please note that if a Third-Party Account or associated service becomes unavailable or Hipcamp’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Hipcamp Materials.  You may have the ability to disable the connection between your Account and your Third-Party Accounts through the applicable SNS or the Service.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND HIPCAMP DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Hipcamp makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Hipcamp is not responsible for any SNS Content.

    3. Registration Data.  In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Hipcamp Materials under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Hipcamp Materials by minors.   You may not share your Account or password with anyone, and you agree to notify Hipcamp immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Hipcamp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hipcamp has the right to suspend or terminate your Account and refuse any and all current or future use of the Hipcamp Materials (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account per platform or SNS at any given time.  Hipcamp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Hipcamp Materials if you have been previously removed by Hipcamp, or if you have been previously banned from any of the Hipcamp Materials.

    4. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to the Hipcamp Materials, including but not limited to, a mobile device that is suitable to connect with and use the Hipcamp Materials, in cases where the Services offer a mobile component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Hipcamp Materials.

    5. Company Communications. By entering into this Agreement or using the Hipcamp Materials, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Hipcamp Materials, updates concerning new and existing features on the Hipcamp Materials, communications concerning promotions run by us or our third-party partners, and news concerning the Company and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, NOTIFYING HIPCAMP, OR MODIFYING YOUR NOTIFICATION SETTINGS THROUGH THE SERVICES. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY DO SO BY MODIFYING YOUR NOTIFICATION SETTINGS THROUGH THE SERVICES OR NOTIFYING HIPCAMP. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE HIPCAMP MATERIALS OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN MODIFY YOUR NOTIFICATION SETTINGS THROUGH THE SERVICES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS OR CALLS MAY IMPACT YOUR USE OF THE HIPCAMP MATERIALS OR RELATED SERVICES.

  3. RESPONSIBILITY FOR CONTENT.

    1. Types of Content.  You acknowledge that all Content, including the Hipcamp Materials, is the sole responsibility of the party from whom such Content originated.  This means that you, and not Hipcamp, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Hipcamp Materials (“Your Content”), and other Users of the Service, and not Hipcamp, are similarly responsible for all Content they Make Available through the Hipcamp Materials (“User Content”).

    2. No Obligation to Pre-Screen Content You acknowledge that Hipcamp has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Hipcamp reserves the right in its sole discretion to pre-screen, refuse to post or remove any Content as we deem necessary or appropriate. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Hipcamp pre-screens, refuses or removes any Content, you acknowledge that Hipcamp will do so for Hipcamp’s benefit, not yours. Without limiting the foregoing, Hipcamp shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

    3. Storage Unless expressly agreed to by Hipcamp in writing elsewhere, Hipcamp has no obligation to store any of Your Content that you Make Available on the Hipcamp Materials.  Hipcamp has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Hipcamp Materials.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Hipcamp retains the right to create reasonable limits on Hipcamp’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the Services and as otherwise determined by Hipcamp in its sole discretion.

  4. OWNERSHIP.

    1. Hipcamp Materials.  Except with respect to Your Content and User Content, you agree that Hipcamp and its suppliers own all rights, title and interest in the Hipcamp Materials (including without limitation any computer code, themes, objects, artwork, methods of operation, and software contained therein or enabled thereby).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Hipcamp Materials.

    2. Trademarks.  Hipcamp and other related graphics, logos, service marks and trade names used on or in connection with the Hipcamp Materials or in connection with the Services are the trademarks of Hipcamp and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in the Hipcamp Materials are the property of their respective owners.

    3. Your Content.  Hipcamp does not claim ownership of Your Content.  However, when you as a User post or publish Your Content on or in the Hipcamp Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Hipcamp Materials.

    4. License to Your Content.  Subject to any applicable account settings that you select, you grant Hipcamp a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content.  Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Hipcamp Materials, including workspaces. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Hipcamp, are responsible for all of Your Content that you Make Available on or in the Hipcamp Materials.  Any Content posted by you may not contain nudity, violence, sexually explicit, or offensive subject matter (as determined by Hipcamp in its sole discretion). You may not Make Available a photograph of another person without that person’s permission.

    5. Username.  Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Hipcamp Materials, you hereby expressly permit Hipcamp to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

    6. Your Account.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Hipcamp.  

    7. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Hipcamp through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Hipcamp has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Hipcamp a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Hipcamp Materials and/or Hipcamp’s business.

  5. USER CONDUCT. As a condition of use, you agree not to use the Services or Hipcamp Materials for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through the Hipcamp Materials that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Hipcamp’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Hipcamp; (vi) interferes with or attempt to interfere with the proper functioning of Hipcamp Materials or uses Hipcamp Materials in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Hipcamp Materials, including but not limited to violating or attempting to violate any security features of Hipcamp Materials, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Hipcamp Materials, introducing viruses, worms, or similar harmful code into Hipcamp Materials, or interfering or attempting to interfere with use of Hipcamp Materials by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Hipcamp Materials.

  6. INTERACTIONS WITH OTHER USERS.

    1. User Responsibility.  You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Hipcamp reserves the right, but has no obligation, to intercede in such disputes.  You agree that Hipcamp will not be responsible for any liability incurred as the result of such interactions.

    2. Damage to Property. You agree that, if your use of a Property in connection with a Booking results in any damage to such Property, you will compensate the Landowner of such property for any such damage. In the event that a Landowner alleges that a Camper’s use of such Landowner’s Property in connection with a Booking results in any damage to such Property (each, a “Damages Claim”), the Camper will be notified of such Damages Claim. After being notified of the Damages Claim and given forty-eight (48) hours to respond to such Damages Claim in accordance with the methods set forth in the notice, payment in the amount alleged by the Landowner in the Damages Claim will be charged to and taken from the credit card on file in the Camper’s Account. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable hereunder and that no additional notice or consent is required. IF WE ARE UNABLE TO CHARGE THE CREDIT CARD ON FILE OR OTHERWISE COLLECT PAYMENT FROM YOU IN CONNECTION WITH A DAMAGES CLAIM, YOU AGREE TO REMIT PAYMENT IN THE AMOUNT ALLEGED IN THE DAMAGES CLAIM TO THE APPLICABLE LANDOWNER OR TO HIPCAMP, AS APPLICABLE. YOU AGREE TO COOPERATE WITH AND ASSIST HIPCAMP IN GOOD FAITH, AND TO PROVIDE HIPCAMP WITH SUCH INFORMATION AND TAKE SUCH ACTIONS AS MAY BE REASONABLY REQUESTED BY HIPCAMP, IN CONNECTION WITH ANY DAMAGES CLAIM. Upon Hipcamp’s reasonable request and at no cost to you, you agree to participate in mediation or similar resolution process in connection with any disputed Damages Claim, which process will be conducted by Hipcamp or a third party selected by Hipcamp.

  7. THIRD-PARTY SERVICES. 

    1. Third-Party Websites & Ads. The Hipcamp Materials may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”).  When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Hipcamp Materials and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites are not under the control of Hipcamp.  Hipcamp is not responsible for any Third-Party Websites & Ads.  Hipcamp provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services.  You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

    2. Third-Party Booking Services. In some cases, when you view a Listing for a Property you may be redirected to a third-party website or service (each, a “Third-Party Booking Service”) to book such Property. In such event, the terms and conditions, including the privacy policy, of such Third-Party Booking Service shall apply to your interactions with and any booking you make through such Service. Any such booking is directly between you and the entity that owns or manages such Property; Hipcamp is not a party to such Booking, or any transaction or agreement related thereto, and you shall have no recourse against Hipcamp with respect to the same.

  8. FEES; PAYMENT.  There are no fees applicable to browsing the Website.

    1. Payments. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Except as may be expressly set forth herein or in the Booking Cancellation Policy , all fees are non-cancellable and non-refundable.

    2. Hipcamp Bookings. If you use the Services to make a Booking through Hipcamp, you agree to pay any and all fees or charges and applicable taxes associated with such Booking, including without limitation any fees charged by Hipcamp for the Services in connection with such Booking. Hipcamp is not a party to any transaction between Campers and Landowners, including any Booking. Pricing for a Booking is set by the applicable Landowner. You acknowledge and agree that you, and not Hipcamp, will be responsible for performing the obligations of any agreement you may have with any other User (including without limitation any Booking), that Hipcamp is not a party to such agreement, and that, except with respect to payment obligations expressly set forth hereunder, Hipcamp disclaims all liability arising from or related to any such agreements.

    3. Payment Processor. Hipcamp uses a third-party payment processor to process payments (“Payment Processor”). By submitting your payment information to or through our Payment Processor, you authorize us to charge the applicable payment method (the “Payment Provider”) for your Booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities with respect to that Payment Provider.  You agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to Hipcamp hereunder (including any damage you cause at or to a Property) and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Hipcamp Properties or by e-mail or other electronic notice to you.

    4. Disputes.  If you in good faith dispute any fees or charges to your Account, you must notify us in writing within seven (7) days after receiving the applicable statement to your credit card or other payment method. If you do not provide written notice of dispute within such window, any such dispute will be deemed waived.  Billing disputes should be notified to either https://hipca.mp/support or the following address: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114.

    5. Promotions.  From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Property (each, a “Promotion”). Any such Promotion must be used within the specified time of the Promotion. Promotional codes are generally limited to one use per customer. We may post additional terms applicable to a Promotion on the Website or the Services.

    6. Taxes. If Company determines it has an obligation to collect Sales Tax from you in connection with this Agreement, Company shall collect such Sales Tax in addition to the Fee(s). If any Bookings or other Services or payments in connection with the same under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Hipcamp, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant authority, and you will indemnify Hipcamp for any liability or expense Hipcamp may incur in connection with such Sales Taxes. Upon Hipcamp’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any applicable sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax, including without limitation taxes that may be applicable in the jurisdiction in which a Property is located. You agree to make all payments of fees to Hipcamp free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Hipcamp will be your sole responsibility, and you will provide Hipcamp with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

  9. INDEMNIFICATION.  You agree to indemnify and hold harmless Hipcamp, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Hipcamp Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Hipcamp Materials; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User or booking of any Property; and (g) the use, condition or rental of a Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property.  Hipcamp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hipcamp in asserting any available defenses.  You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Hipcamp Materials.

  10. DISCLAIMER OF WARRANTIES.

    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE HIPCAMP MATERIALS IS AT YOUR SOLE RISK, AND THE HIPCAMP MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE HIPCAMP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR HIPCAMP MATERIALS.

      1. THE SERVICES AND HIPCAMP MATERIALS INCLUDE PLATFORMS THROUGH WHICH CAMPERS AND LANDOWNERS CAN INTERACT AND TRANSACT WITH ONE ANOTHER. HIPCAMP IS NOT A REAL ESTATE BROKER, REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. HIPCAMP HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, CAMPERS, OTHER USERS OF THE WEBSITE, APP AND/OR SERVICES, OR ANY OTHER THIRD-PARTY OR THIRD-PARTY PROPERTY. WE ARE NOT AN OWNER, OPERATOR, OR PROVIDER OF ANY PROPERTY, NOR DO WE MANAGE AND/OR CONTROL PROPERTIES, TRANSPORTATION OR TRAVEL SERVICES, OR ANY OTHER ASPECT OF YOUR OFFLINE EXPERIENCE WITH RELATION TO A LISTING, A BOOKING, OR A PROPERTY. WHEN YOU ACCESS OR USE THE WEBSITE, APP, OR ANY SERVICES, YOU AGREE THAT ANY CLAIM ARISING OUT OF OR OTHERWISE IN CONNECTION WITH ANY ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM HIPCAMP WITH RESPECT TO SUCH THIRD-PARTY ACTIONS OR OMISSIONS. WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER USERS REGARDING ANY LISTINGS, BOOKINGS, OR OTHER USE OF THE SERVICES THAT INVOLVES TRANSACTIONS OR OTHER INTERACTIONS WITH SUCH USERS.

      2. THE HIPCAMP PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE HIPCAMP MATERIALS OR ANY PROPERTY ACCESSED AS RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HIPCAMP MATERIALS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE HIPCAMP MATERIALS WILL BE CORRECTED.

      3. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE HIPCAMP MATERIALS, INCLUDING ANY LISTING, IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE HIPCAMP MATERIALS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

      4. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  HIPCAMP MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, AND REPUTATION.

      5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HIPCAMP OR THROUGH THE HIPCAMP MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

      6. FROM TIME TO TIME, HIPCAMP MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT HIPCAMP’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

    2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT HIPCAMP PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HIPCAMP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

    3. No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HIPCAMP MATERIALS, INCLUDING WITHOUT LIMITATION CAMPERS AND LANDOWNERS. YOU UNDERSTAND THAT HIPCAMP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER CAMPERS OR LANDOWNERS. HIPCAMP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OF THE HIPCAMP MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE HIPCAMP MATERIALS.  PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.  YOU ACKNOWLEDGE AND AGREE THAT HIPCAMP DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER OR VERIFY THE ACCURACY OF ANY PROPERTY OR LISTING.

  11. LIMITATION OF LIABILITY.

    1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE HIPCAMP PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE HIPCAMP MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT HIPCAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE HIPCAMP MATERIALS, OR ANY EXPERIENCE ON OR IN CONNECTION WITH ANY PROPERTY, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE HIPCAMP MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE HIPCAMP MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE HIPCAMP MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE HIPCAMP MATERIALS OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A HIPCAMP PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A HIPCAMP PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A HIPCAMP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. HIPCAMP DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY HIPCAMP’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.

    2. Cap on Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, THE HIPCAMP PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT RETAINED BY HIPCAMP FROM YOU IN THE TRANSACTION OR OTHER ACT OR OMISSION GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A HIPCAMP PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A HIPCAMP PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A HIPCAMP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

    3. User Content.  EXCEPT FOR HIPCAMP’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE PRIVACY POLICY, HIPCAMP PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

    4. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIPCAMP AND YOU.

    5. Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.  It is Hipcamp’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Hipcamp by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Hipcamp Materials in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Hipcamp Materials of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for Hipcamp’s copyright agent for notice of claims of copyright infringement is as follows: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114; ATTN: Copyright Agent.

  13. TERM AND TERMINATION.  

    1. Term.  This Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier.

    2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier of (a) the date you first used the Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Agreement.

    3. Termination of Services by Hipcamp.  Hipcamp has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in Hipcamp’s sole discretion and that Hipcamp shall not be liable to you or any third party for any termination of your Account.

    4. Termination of Services by You.  If you want to terminate the Services provided by Hipcamp, you may do so by (a) notifying Hipcamp at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Hipcamp’s address set forth below.

    5. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  Hipcamp will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

    6. No Subsequent Registration.  If your registration(s) with or ability to access the Hipcamp Materials, or any other Hipcamp community is discontinued by Hipcamp due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Hipcamp Materials or any Hipcamp community through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Hipcamp Materials to which your access has been terminated.  In the event that you violate the immediately preceding sentence, Hipcamp reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

  14. INTERNATIONAL USERS.  The Hipcamp Materials can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that Hipcamp intends to announce such Services or Content in your country. Certain Services, including Hipcamp’s UK Properties and Bookings, are controlled and offered by Hipcamp’s affiliates and subsidiaries in the United Kingdom. Except as otherwise set forth in connection with a particular Service, the Hipcamp Materials are controlled and offered by Hipcamp from its facilities in the United States of America and made available to end users in the United States, the United Kingdom, Australia, and Canada, and Hipcamp makes no representations that any Hipcamp Materials are appropriate or available for use in other locations.  Those who access or use the Hipcamp Materials from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  15. GENERAL PROVISIONS.

    1. Electronic Communications.  The communications between you and Hipcamp use electronic means, whether you visit the Hipcamp Materials or send Hipcamp e-mails, or whether Hipcamp posts notices on the Hipcamp Materials or communicates with you via e-mail.  For contractual purposes, you (a) consent to receive communications from Hipcamp in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hipcamp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

    2. Release of Hipcamp.  You hereby release Hipcamp Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Hipcamp Materials, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Hipcamp Materials.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Hipcamp Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

    3. Assumption of Risk Related to Camping. When you make a Booking, you freely, voluntarily and without duress release the Landowner offering such Booking from liability in connection with such Booking or your use of the Property. You acknowledge that camping might cause injuries, death, property damage or other harm to third parties. You accept and voluntarily incur all risks of any such injuries, damages or harm which arise during or result from your interaction with the Property except as and only to the extent caused by the sole negligence or intentional misconduct of the Landowner or its agents and representatives.

    4. Assignment.  This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Hipcamp’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

    5. Force Majeure.  Hipcamp shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, pandemics, epidemics, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    6. Compliance.  If you believe that Hipcamp has not adhered to this Agreement, please contact Hipcamp by contacting us at https://hipca.mp/support.  We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

    7. Choice of Language.  It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.  C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.

    8. Notice.  Where Hipcamp requires that you provide an e-mail address, you are responsible for providing Hipcamp with your most current e-mail address.  In the event that the last e-mail address you provided to Hipcamp is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Hipcamp’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Hipcamp at the following address: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114. Such notice shall be deemed given when received by Hipcamp by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

    9. Waiver.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    10. Severability.  If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    11. Export Control.  You may not use, export, import, or transfer the Hipcamp Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Hipcamp Materials, and any other applicable laws.  In particular, but without limitation, the Hipcamp Materials may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Hipcamp Materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Hipcamp Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Hipcamp are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Hipcamp products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

    12. Entire Agreement.  This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

  16. TERMS APPLICABLE TO US USERS. If you live in the United States, this section applies to you.

    1. Governing law, Jurisdiction and Venue. This Agreement is governed by California law, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement section of this Agreement. However, the governing law provision regarding the interpretation of this Agreement is not intended to create any other substantive right to residents of other states or territories to assert claims under California law, whether that be by statute, common law, or otherwise. This section is only intended to specify the use of California law to interpret this Agreement. Both you and Hipcamp agree that all claims and disputes arising out of or relating to this Agreement (and any Supplemental Terms unless expressly otherwise set forth in such Supplemental Terms) that are not subject to arbitration per this Agreement will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County, and you hereby submit to the exclusive jurisdiction thereof.

    2. Arbitration Agreement. You and Hipcamp agree to the arbitration and dispute resolution terms in this section (the “Arbitration Agreement”). For the purposes of this Arbitration Agreement, references to “Hipcamp,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs. We encourage you to carefully read these important terms, which include a requirement that claims arising out of or relating to this Agreement (and any Supplemental Terms unless expressly otherwise set forth in such Supplemental Terms) shall be brought individually and subject to arbitration, subject to the exceptions in Section 16.2(a), Section 16.2(b), and Section 16.2(c), and include instructions for how to opt out if you do not agree.

      1. Small Claims Court. Notwithstanding the foregoing, either you or Hipcamp may bring an individual action in small claims court.

      2. Emergency Equitable Relief. Notwithstanding the foregoing, either you or Hipcamp may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

      3. Claims not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

      4. Applicability. You agree that any dispute or claim relating in any way to your access or use of the Services (including without limitation any Landowner Services), or to any aspect of your relationship with Hipcamp, will be resolved by binding arbitration, rather than in court, except that you may assert certain qualifying claims in small claims court in accordance with the terms above.

      5. Arbitration rules and forum. This Agreement evidences a transaction involving interstate commerce and that notwithstanding the provision above with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If for whatever reason the FAA is inapplicable, the state law governing arbitration agreements in the state in which you reside shall apply. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114. Your letter must include (1) the name, telephone number, mailing address, and e‐mail address of the party seeking arbitration and the Account username, if any, as well as the email address associated with the Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) the party’s portion of the applicable filing fee. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you can’t afford to pay JAMS’s filing, administrative, hearing, and/or other fees and can’t obtain a waiver from JAMS, Hipcamp will pay them for you. In addition, Hipcamp will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims, such amounts totalling less than $10,000, unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you reside, or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

      6. Authority of arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are (1) all disputes arising out of or relating to the class action waiver, including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration will decide the rights and liabilities, if any, of you and Hipcamp. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

      7. Waiver of jury trial. YOU AND HIPCAMP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. This clause shall not preclude parties from seeking provision remedies in aid of arbitration from a court of appropriate jurisdiction.

      8. Waiver of class or other non-individualized relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN’T BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in San Francisco, California. All other claims shall be arbitrated.

      9. 30-day right to opt out. You have the right to opt out of the provisions of these Terms that mandate arbitration by sending written notice of your decision to opt out to: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114, within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your Hipcamp username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of these Terms will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us.

      10. Severability. Except as provided in Section 16.2(h) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

      11. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Hipcamp.

      12. Material Changes. Notwithstanding any provision in this Agreement to the contrary, we agree that if Hipcamp makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Hipcamp at the following address: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114.

  17. MOBILE APPS. The following terms apply to your access and use of the App.

    1. App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Hipcamp and not with the App Store. Hipcamp, not the App Store, is solely responsible for Hipcamp Materials, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Hipcamp Materials, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Hipcamp Material, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

    2. Accessing and Downloading the App from the Apple App Store. The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:

      1. You acknowledge and agree that (i) the Agreement is concluded between you and Hipcamp only, and not Apple, and (ii) Hipcamp, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Service.

      2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App.

      3. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Hipcamp and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hipcamp.

      4. You and Hipcamp acknowledge that, as between Hipcamp and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

      5. You and Hipcamp acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party’s intellectual property rights, as between Hipcamp and Apple, Hipcamp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

      6. You and Hipcamp acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.

      7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.





Hipcamp Terms of Use for European Users

Last Updated Date: March 22, 2022




THESE TERMS OF USE APPLY IF YOUR COUNTRY OF RESIDENCE OR ESTABLISHMENT IS WITHIN THE EUROPEAN ECONOMIC AREA (“EEA”), SWITZERLAND OR THE UNITED KINGDOM. IF YOUR COUNTRY OF RESIDENCE OR ESTABLISHMENT IS OUTSIDE THE EEA, SWITZERLAND OR THE UNITED KINGDOM, PLEASE REFER TO THE TERMS OF USE FOR NON-EUROPEAN USERS.

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITE OF HIPCAMP, INC., HIPCAMP UK LTD, HIPCAMP CANADA, INC., HIPCAMP AUS PTY LTD, OR THEIR SUBSIDIARIES, AFFILIATES OR AGENTS (COLLECTIVELY, “HIPCAMP” OR “WE”) THAT LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY HIPCAMP OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING HIPCAMP’S MOBILE APPLICATION (THE “APP”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HIPCAMP, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT ENTITY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

AS A USER SITUATED IN THE EEA, SWITZERLAND OR THE UNITED KINGDOM, YOU ARE CONTRACTING WITH HIPCAMP UK LTD.

If you are a consumer who resides in the EEA, you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Hipcamp is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.  The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.

You should print a copy of these Terms of Use or save them to your computer for future reference.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY HIPCAMP IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Hipcamp will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the App.  We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Agreement will be effective immediately for new Users and will be effective thirty (30) days after posting notice of such changes for existing Users. If the proposed changes to the Terms of Use are material, existing Users will be asked to explicitly accept the revised Terms of Use. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms of Use. Hipcamp may require you to affirmatively consent to the updated Agreement in a specified manner before further use of the Website, the App or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the App and/or the Services.  Otherwise, in the case of (i) non-material changes to these Terms of Use which do not affect their essential provisions, in particular, provisions defining the nature and scope of the Services, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Website, the App and/or Services will constitute your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. OUR SERVICES.

    1. Services Overview.  Our Services include the online networks and services that (a) connect individuals seeking campsite information, events, and reservations (“Campers”) with resources about camping, campsites, events, mobile homes and camping vans (“Vehicles”), and other land or property suitable for use in connection with camping (each, a “Property”); (b) allow individuals or entities that own or otherwise have the authority to make available a Property (each, a “Landowner”) to make their Property available to Campers through a posted advertisement for such Property on the Services (each, a “Listing”); and (b) allow Campers to make reservations for access to and use of Property in accordance with the terms provided by the Landowner (each, a “Booking”). These Terms of Use apply to both Campers and Landowners and their use of the Services, except that in some areas, you will have different rights depending on whether you are a Camper (acting as a consumer) or a Landowner (acting as a business). If you are a Landowner, the Landowner Terms of Use also apply to your use of the Services.

    2. Terms Applicable to Campers.

      1. Booking. This Agreement shall govern any Booking. There may be additional terms and conditions that apply to any request for a Booking (each, a “Booking Request”) or a Booking that you make, including policies that are set by the applicable Landowner that owns or manages such Property (“Property Rules”). These Property Rules may be set forth on the Service or otherwise communicated to you via a Booking confirmation email. Your ability to make a Booking for any Property is subject to: (i) availability of the Property; and (ii) payment of all fees and charges incurred in reserving and/or using the Property. Unless otherwise agreed in writing, you must settle all fees and charges incurred in reserving and/or using the Property prior to your use of the Property. A Booking is not confirmed until you have received written confirmation of the same through the Service.

      2. Property Terms and Conditions.  You agree to comply with all applicable Property Rules and applicable laws, rules, regulations, and local ordinances in connection with your use of the Service and any Booking. You understand that a violation of Property Rules may result in cancellation of your Booking(s) or in your being denied access to any Booking. Hipcamp may at any time require that you agree to Supplemental Terms prior to booking certain types of Properties.

      3. Damage to Property. You are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that you are responsible for: (i) your own acts and omissions in connection with any Property; and (ii) the acts and omissions of any third parties to whom you provide access to the Property, including without limitation any guests or invitees.

      4. Temporary Access. A Booking is a temporary grant of access to a Property for a limited term, and shall not be considered to convey a tenancy, leasehold, ownership interest, or any right of access in and to the Property beyond the term for which a Camper initially made such Booking. As a Camper, you acknowledge and agree that you have no, and will obtain no, rights in or to any Property and you represent and warrant that (i) you will not exceed the term of any Booking without the Landowner’s prior written consent; and (ii) you will not assert or attempt to assert any ownership interest in any Property arising from or related to a Booking.

      5. Insurance. Hipcamp may provide primary liability insurance for certain Landowners. Campers agree not to look to any such insurance for coverage. Hipcamp may provide certain liability insurance and protection against property damage for the Landowners as described in this Agreement and in the Hipcamp Insurance Policy and Property Protection Plan. As further described in Section 1.2(F) below, such primary liability insurance does not and shall not apply to any Vehicle.

      6. Vehicles. When you make a Booking of a Vehicle, you acknowledge and agree that each Landowner is solely responsible for obtaining commercial insurance for such Landowner’s Vehicle and providing such commercial insurance for such Vehicle to any Camper that makes a Booking for such Vehicle. Local law may require a license or other permit to operate a Vehicle in addition to any requirements set forth in the Property Rules. Hipcamp shall have no liability in connection with a Camper’s insurance, license or permit, or failure to obtain the same.

    3. Use of the Services and Hipcamp Materials.  The Website, the Services, the Application, and the information and content available on the Website and in the Services, (collectively, the “Hipcamp Materials”) are protected by copyright laws throughout the world.  Subject to the Agreement, Hipcamp grants you a limited license to reproduce portions of the Hipcamp Materials for the sole purpose of using the Services for your personal use (if you are a Camper) or internal business purposes (if you are a Landowner). Unless otherwise specified by Hipcamp in a separate license, your right to use any Hipcamp Materials is subject to this Agreement.

    4. Application License. Subject to your compliance with the Agreement, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal use (if you are a Camper) or internal business purposes (if you are a Landowner). Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced App”), you will only use the App Store Sourced App: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding anything else set forth herein, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced App”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

    5. Updates.  You understand that the Hipcamp Materials are evolving.  As a result, Hipcamp may require you to accept updates to the Hipcamp Materials that you have installed on your computer or mobile device.  You acknowledge and agree that Hipcamp may update the Hipcamp Materials with or without notifying you, provided that the Hipcamp Materials will always match the description of such Hipcamp Materials that we have provided to you before you made a Booking.  You may need to update third-party software from time to time in order to use the Hipcamp Materials.

  2. REGISTRATION.

    1. Registering Your Account.  In order to access certain features of the Hipcamp Materials you may be required to become a Registered User.  For the purposes of this Agreement, a “Registered User” is a User who has registered an account on the Website (“Account”).

    2. Access Through a SNS.  We may enable you to link your Account with a valid account on a social networking service (“SNS” and each such account, a “Third-Party Account”) by allowing Hipcamp to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to Hipcamp and/or grant Hipcamp access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Hipcamp to pay any fees or making Hipcamp subject to any usage limitations imposed by such third-party service providers.  By granting Hipcamp access to any Third-Party Accounts, you understand that Hipcamp may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Hipcamp Materials (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Hipcamp Materials via your Account.  Unless otherwise specified in this Agreement, all SNS Content shall be considered to be Your Content (as defined below) for all purposes of this Agreement.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Hipcamp Materials. Please note that if a Third-Party Account or associated service becomes unavailable or Hipcamp’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Hipcamp Materials.  You may have the ability to disable the connection between your Account and your Third-Party Accounts through the applicable SNS or the Service.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND HIPCAMP DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Hipcamp makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Hipcamp is not responsible for any SNS Content.

    3. Registration Data.  In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Hipcamp Materials under the laws of the United Kingdom, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Hipcamp Materials by minors.   You may not share your Account or password with anyone, and you agree to notify Hipcamp immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Hipcamp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hipcamp has the right to suspend or terminate your Account and refuse any and all current or future use of the Hipcamp Materials (or any portion thereof). Where appropriate, Hipcamp will give you notice of any intended measures and an opportunity to resolve the issue, unless such notification would (a) prevent or impede the detection or prevention of fraud or other illegal activities, (b) harm the legitimate interests of other Users or third parties, or (c) contravene applicable laws.  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account per platform or SNS at any given time.  Hipcamp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Hipcamp Materials if you have been previously removed by Hipcamp, or if you have been previously banned from any of the Hipcamp Materials.

    4. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to the Hipcamp Materials, including but not limited to, a mobile device that is suitable to connect with and use the Hipcamp Materials, in cases where the Services offer a mobile component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Hipcamp Materials.

  3. RESPONSIBILITY FOR CONTENT.

    1. Types of Content.  You acknowledge that all Content, including the Hipcamp Materials, is the sole responsibility of the party from whom such Content originated.  This means that you, and not Hipcamp, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Hipcamp Materials (“Your Content”), and other Users of the Service, and not Hipcamp, are similarly responsible for all Content they Make Available through the Hipcamp Materials (“User Content”).

    2. No Obligation to Pre-Screen Content You acknowledge that Hipcamp has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Hipcamp reserves the right in its sole discretion to pre-screen, refuse to post or remove any Content as we deem necessary or appropriate.  Where we remove or disable access to any Content, we will notify you and provide the reasons for such a measure, unless such notification would: (a) prevent or impede the detection or prevention of fraud or other illegal activities, (b) harm the legitimate interests of other Users or third parties, or (c) contravene applicable laws. You may appeal such a decision by contacting our customer service at https://hipca.mp/support or the following address: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114. You agree to cooperate with and assist Hipcamp in good faith, and to provide Hipcamp with such information and take such actions as may be reasonably requested by Hipcamp with respect to any investigation undertaken by Hipcamp regarding the use or abuse of the Services.  By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content (except to the extent that Your Content includes personal data), including without limitation chat, text, or voice communications.  In the event that Hipcamp pre-screens, refuses or removes any Content, you acknowledge that Hipcamp will do so for Hipcamp’s benefit, not yours.  Without limiting the foregoing, Hipcamp shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

    3. Storage Unless expressly agreed to by Hipcamp in writing elsewhere, and subject to Hipcamp’s obligations to protect your personal data in accordance with the terms of our Privacy Policy, Hipcamp has no obligation to store any of Your Content that you Make Available on the Hipcamp Materials.  Hipcamp has no responsibility or liability for the deletion or accuracy of any Content, including Your Content and User Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Hipcamp Materials.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Hipcamp retains the right to create reasonable limits on Hipcamp’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the Services and as otherwise determined by Hipcamp in its sole discretion.

  4. OWNERSHIP.

    1. Hipcamp Materials.  Except with respect to Your Content and User Content, you agree that Hipcamp and its suppliers own all rights, title and interest in the Hipcamp Materials (including without limitation any computer code, themes, objects, artwork, methods of operation, and software contained therein or enabled thereby).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Hipcamp Materials.

    2. Trademarks.  Hipcamp and other related graphics, logos, service marks and trade names used on or in connection with the Hipcamp Materials or in connection with the Services are the trademarks of Hipcamp and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in the Hipcamp Materials are the property of their respective owners.

    3. Your Content.  Hipcamp does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Hipcamp Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Hipcamp Materials.

    4. License to Your Content.  Subject to any applicable account settings that you select, you grant Hipcamp a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content.  Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Hipcamp Materials, including workspaces. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Hipcamp, are responsible for all of Your Content that you Make Available on or in the Hipcamp Materials.  Any Content posted by you may not contain nudity, violence, sexually explicit, or offensive subject matter (as determined by Hipcamp in its sole discretion). You may not Make Available a photograph of another person without that person’s permission.

    5. Username.  Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Hipcamp Materials, you hereby expressly permit Hipcamp to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

    6. Your Account.  Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account (other than in respect of Your Content), and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Hipcamp.  

    7. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Hipcamp through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Hipcamp has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Hipcamp a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Hipcamp Materials and/or Hipcamp’s business.

  5. USER CONDUCT. As a condition of use, you agree not to use the Services or Hipcamp Materials for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) either: (a) take any action, or (b) Make Available any Content on or through the Hipcamp Materials, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;

  • is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;

  • involves the licensing, sale, rental, lease, transfer, assignment, reproduction, distribution, hosting or otherwise commercially exploiting the Hipcamp Materials of any portion thereof, including the Website;

  • frames, or utilises framing techniques to enclose any trademark, logo or other Hipcamp Materials (including images, text, page layout or form) of Hipcamp;

  • uses any metatags or other “hidden text” using Hipcamp’s name or trademarks;

  • modifies, translates, adapts, merges, makes derivative works of, disassembles, decompiles, reverse compiles or reverse engineers any part of the Hipcamp Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law;

  • involves using the Hipcamp Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Hipcamp Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Hipcamp Materials.

  • involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Hipcamp’s prior written consent;

  • impersonates any person or entity, including any employee or representative of Hipcamp;

  • interferes with or attempt to interfere with the proper functioning of Hipcamp Materials or uses Hipcamp Materials in any way not expressly permitted by this Agreement;

  • attempts to engage in or engage in, any potentially harmful acts that are directed against Hipcamp Materials, including but not limited to violating or attempting to violate any security features of Hipcamp Materials, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Hipcamp Materials or the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials), introducing viruses, worms, or similar harmful code into Hipcamp Materials, or interfering or attempting to interfere with use of Hipcamp Materials by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Hipcamp Materials.

  1. PRIVACY. Hipcamp will process any personal data about Users (including, without limitation, any personal data included in the Registration Data or Your Content or User Content) in accordance with our Privacy Policy. If you provide us with someone else’s personal data, you (a) must do so in compliance with applicable law, (b) must be authorised to do so, and (c) authorise us to process that information in accordance with our Privacy Policy.

  2. INTERACTIONS WITH OTHER USERS AND DAMAGES CLAIMS.

    1. User Responsibility.  You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Hipcamp reserves the right, but has no obligation, to intercede in such disputes.  You agree that Hipcamp will not be responsible for any liability incurred as the result of such interactions.

    2. Damage to Property by Camper. You agree that, if your use of a Property in connection with a Booking results in any damage to such Property, you will compensate the Landowner of such Property for any such damage, provided that the Landowner provides valid evidence to demonstrate such damage. In the event that a Landowner alleges that a Camper’s use of such Landowner’s Property in connection with a Booking results in any damage to such Property (each, a “Damages Claim”), the Camper will be notified of such Damages Claim. After being notified of the Damages Claim and given an opportunity to respond to such Damages Claim in accordance with the methods set forth in the notice, if you agree to pay, or if the Damages Claim is escalated to Hipcamp and Hipcamp determines under consideration of any applicable statutory rules that the Damages Claim is valid and you are responsible for the Damages Claim, payment in the amount alleged by the Landowner in the Damages Claim will be charged to and taken from the credit card on file in the Camper’s Account. IF WE ARE UNABLE TO CHARGE THE CREDIT CARD ON FILE OR OTHERWISE COLLECT PAYMENT FROM YOU IN CONNECTION WITH A DAMAGES CLAIM, YOU AGREE TO REMIT PAYMENT IN THE AMOUNT ALLEGED IN THE DAMAGES CLAIM TO THE APPLICABLE LANDOWNER OR TO HIPCAMP, AS APPLICABLE. YOU AGREE TO COOPERATE WITH AND ASSIST HIPCAMP IN GOOD FAITH, AND TO PROVIDE HIPCAMP WITH SUCH INFORMATION AND TAKE SUCH ACTIONS AS MAY BE REASONABLY REQUESTED BY HIPCAMP, IN CONNECTION WITH ANY DAMAGES CLAIM. Upon Hipcamp’s reasonable request and at no cost to you, you agree to participate in mediation or similar resolution process in connection with any disputed Damages Claim, which process will be conducted by Hipcamp or a third party selected by Hipcamp. Any decisions made by Hipcamp in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.

  3. THIRD-PARTY SERVICES. 

    1. Third-Party Websites & Ads. The Hipcamp Materials may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”).  When you click on a link to a Third-Party Website or Ad, you will leave the Hipcamp Materials and become subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites & Ads are not under the control of Hipcamp.  Hipcamp is not responsible for any Third-Party Websites & Ads.  Hipcamp provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services.  You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms of Use and related policies no longer govern your use of any such Third-Party Websites & Ads.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites & Ads, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  4. FEES; PAYMENT.  There are no fees applicable to browsing the Website.

    1. Payments. You agree to pay all fees or charges, and any taxes applicable to your Account in accordance with the fees, charges and billing terms in effect at the time of your Booking.

    2. Service fees. Hipcamp may charge service fees to Campers in connection with the use of the Services, Hipcamp may charge service fees to Landowners for the right to use the Services, as detailed in the Landowner Terms of Use. Except as otherwise provided in these Terms of Use, the Cancellation Policy, or otherwise at the time of your Booking, service fees are non-refundable. Hipcamp reserves the right to change the service fees at any time, and will provide Users with reasonable notice of any service fee changes before they become effective. Service fee changes will not affect Bookings made prior to the effective date of the service fee change. If you disagree with a service fee change, you may terminate this Agreement at any time pursuant to Section 15.4.

    3. Hipcamp Bookings. If you use the Services to make a Booking through Hipcamp, you agree to pay any and all fees or charges, and applicable taxes, associated with such Booking, including without limitation any fees charged by Hipcamp for the Services in connection with such Booking. Hipcamp is not a party to any transaction between Campers and Landowners, including any Booking. Pricing for a Booking is set by the applicable Landowner. If you make a Booking in the United Kingdom, Switzerland or the European Union, you agree to pay all fees or charges in connection with such Booking directly to the applicable Landowner in accordance with the then-current functionality of the Services. You acknowledge and agree that you, and not Hipcamp, will be responsible for performing the obligations of any agreement you may have with any other User (including without limitation in connection with any Booking), that Hipcamp is not a party to such agreement, and that Hipcamp disclaims all liability arising from or related to any such agreements.

    4. Payment Processor. We use a third-party payment processor to process payments (“Payment Processor”). By submitting your payment information to or through our Payment Processor, you authorize us to charge the applicable payment method (the “Payment Provider”) for your Booking and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities with respect to your Payment Provider.  You agree that we are authorized to charge the same payment method for all fees and charges due and payable to Hipcamp hereunder (including in respect of a Damages Claim, in accordance with Section 7.2).

    5. Disputes.  If you in good faith dispute any fees or charges to your Account, you must notify us in writing within seven (7) days after receiving the applicable statement to your credit card or other payment method. Billing disputes should be notified to either https://hipca.mp/support or the following address: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114.

    6. Promotions.  From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Property (each, a “Promotion”). Any such Promotion must be used within the specified time of the Promotion. Promotional codes are generally limited to one use per customer. We may post additional terms applicable to a Promotion on the Website or the Services.

    7. Taxes. Campers will be responsible for all taxes arising as a result of their Booking, including for example any applicable hotel or tourist tax (or equivalent) and such taxes will be included in the total price showing at the time of your Booking. Campers agree that if the hotel or tourist tax (or equivalent) collected by us on making a Booking is not enough to fully discharge their tax liability for a Booking, they will pay either to Hipcamp or to the appropriate tax authority any additional amounts due to the appropriate tax authority. Campers also acknowledge that we may, if required, stop collecting taxes due from the Campers on Booking and in this case, we will let you know, and it will then be the Campers’ responsibility to pay any taxes due for the Booking to the relevant tax authority.

    8. Cancellation and refunds. If you cancel a Booking, the amount refunded to you is determined in accordance with the terms of the Cancellation Policy applicable to that Booking.

  5. INDEMNIFICATION.  To the maximum extent permitted by applicable law, you agree to compensate Hipcamp, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Hipcamp Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your improper use of the Hipcamp Materials; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User; and (g) the use, condition or rental of a Property by you, including but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of your rental, booking or use of a Property. Your compensation obligations only apply if and to the extent that the losses, costs, liabilities and expenses have been caused by your breach of a contractual obligation, or by your intentional, reckless or grossly negligent acts.  Hipcamp reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to compensation by you, in which event you will fully cooperate with Hipcamp in asserting any available defenses.  You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Hipcamp Materials.

  6. LIMITATION OF LIABILITY IF YOU ARE A CAMPER.

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors or suppliers; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services, including the right to receive Services which are supplied with reasonable skill and care, or for breach of any other statutory rights you may have for the supply of services or digital content which cannot be lawfully excluded.

    3. We are not liable for business losses. If you are a Camper, we only supply the Services to you for your personal use as a consumer. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in Section 13.

  7. DISCLAIMER OF WARRANTIES IF YOU ARE A LANDOWNER.

The provisions of this section apply to you only where you are a Landowner.

    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE HIPCAMP MATERIALS IS AT YOUR SOLE RISK, AND THE HIPCAMP MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE HIPCAMP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR HIPCAMP MATERIALS.

      1. THE SERVICES AND HIPCAMP MATERIALS INCLUDE PLATFORMS THROUGH WHICH CAMPERS AND LANDOWNERS CAN INTERACT AND TRANSACT WITH ONE ANOTHER. HIPCAMP IS NOT A REAL ESTATE BROKER, REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. HIPCAMP HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, CAMPERS, OTHER USERS OF THE WEBSITE, APP AND/OR SERVICES, OR ANY OTHER THIRD-PARTY OR THIRD-PARTY PROPERTY. WE ARE NOT AN OWNER, OPERATOR, OR PROVIDER OF ANY PROPERTY, NOR DO WE MANAGE AND/OR CONTROL PROPERTIES, TRANSPORTATION OR TRAVEL SERVICES, OR ANY OTHER ASPECT OF YOUR OFFLINE EXPERIENCE WITH RELATION TO A BOOKING, A VEHICLE OR A PROPERTY. WHEN YOU ACCESS OR USE THE WEBSITE, APP, OR ANY SERVICES, YOU AGREE THAT ANY CLAIM ARISING OUT OF OR OTHERWISE IN CONNECTION WITH ANY ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM HIPCAMP WITH RESPECT TO SUCH THIRD-PARTY ACTIONS OR OMISSIONS. WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER USERS REGARDING ANY LISTINGS, BOOKINGS, OR OTHER USE OF THE SERVICES THAT INVOLVES TRANSACTIONS OR OTHER INTERACTIONS WITH SUCH USERS.

      2. THE HIPCAMP PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE HIPCAMP MATERIALS OR ANY PROPERTY ACCESSED AS RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HIPCAMP MATERIALS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE HIPCAMP MATERIALS WILL BE CORRECTED.

      3. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE HIPCAMP MATERIALS IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE HIPCAMP MATERIALS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

      4. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  HIPCAMP MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, AND REPUTATION.

      5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HIPCAMP OR THROUGH THE HIPCAMP MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

      6. FROM TIME TO TIME, HIPCAMP MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT HIPCAMP’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

    2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT HIPCAMP PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HIPCAMP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

    3. No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HIPCAMP MATERIALS, INCLUDING WITHOUT LIMITATION CAMPERS AND OTHER LANDOWNERS. YOU UNDERSTAND THAT HIPCAMP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER CAMPERS OR LANDOWNERS. HIPCAMP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OF THE HIPCAMP MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE HIPCAMP MATERIALS.  PLEASE TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.  YOU ACKNOWLEDGE AND AGREE THAT HIPCAMP DOES NOT CURRENTLY CONDUCT BACKGROUND CHECKS ON ANY USER.

  1. LIMITATION OF LIABILITY IF YOU ARE A LANDOWNER.

    1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE HIPCAMP PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE HIPCAMP MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT HIPCAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE HIPCAMP MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE HIPCAMP MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE HIPCAMP MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE HIPCAMP MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE HIPCAMP MATERIALS OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A HIPCAMP PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A HIPCAMP PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A HIPCAMP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. HIPCAMP DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY HIPCAMP’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.

    2. Cap on Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, THE HIPCAMP PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT RETAINED BY HIPCAMP FROM YOU IN THE TRANSACTION OR OTHER ACT OR OMISSION GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A HIPCAMP PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A HIPCAMP PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A HIPCAMP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

    3. User Content.  EXCEPT FOR HIPCAMP’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE PRIVACY POLICY, HIPCAMP PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

    4. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIPCAMP AND YOU.

    5. Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  2. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.  It is Hipcamp’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Hipcamp by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Hipcamp Materials in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Hipcamp Materials of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for Hipcamp’s copyright agent for notice of claims of copyright infringement is as follows: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114, Attn: Copyright Agent.

  3. TERM AND TERMINATION.  

    1. Term.  This Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier.

    2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier of (a) the date you first used the Services or (b) the date you accepted the Agreement, and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Agreement.

    3. Termination of Services by Hipcamp.  Hipcamp has the right to terminate any Services provided to you for any reason by giving you thirty (30) days’ notice via email or using any other contact information you have provided for your Account. Hipcamp may also terminate or suspend any Services immediately if (a) you materially breach this Agreement, (b) you violate applicable laws or third party rights, (c) such action is necessary to protect the personal safety or property of Hipcamp, its Users, or third parties (for example in case of fraudulent behavior of a User), (d) Hipcamp has received complaints about your performance or conduct, as applicable, or (e) you have repeatedly cancelled confirmed Bookings (whether as a Camper or Landowner) or failed to respond to Booking Requests without a valid reason (where you are a Landowner). Where appropriate, you will be given notice of any intended measure by Hipcamp and an opportunity to resolve the issue, unless such notification would (a) prevent or impede the detection or prevention of fraud or other illegal activities, (b) harm the legitimate interests of other Users or third parties, or (c) contravene applicable laws. You may appeal a decision by Hipcamp to take the measures described in this Section 15.3 by contacting our customer services at https://hipca.mp/support or the following address: Hipcamp, Inc., 2261 Market Street #4139 San Francisco CA, 94114.

    4. Termination of Services by You.  If you want to terminate the Services provided by Hipcamp, you may do so by (a) notifying Hipcamp at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Hipcamp’s address set forth below.

    5. Effect of Termination.  Termination of any Service includes removal of access to such Service and, where Hipcamp terminates pursuant to Section 15.3, it may also include barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions.

    6. No Subsequent Registration.  If your registration(s) with or ability to access the Hipcamp Materials, or any other Hipcamp community is discontinued by Hipcamp due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Hipcamp Materials or any Hipcamp community through use of a different username or otherwise INTERNATIONAL USERS.  The Hipcamp Materials can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that Hipcamp intends to announce such Services or Content in your country. Certain Services, including Hipcamp’s UK Properties and Bookings are controlled and offered by Hipcamp’s affiliates and subsidiaries in the United Kingdom. Except as otherwise set forth in connection with a particular Service, the Hipcamp Materials are controlled and offered by Hipcamp from its facilities in the United States of America and made available to end users in the United States, the United Kingdom, and Canada, and Hipcamp makes no representations that any Hipcamp Materials are appropriate or available for use in other locations.  Those who access or use the Hipcamp Materials from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  4. GENERAL PROVISIONS.

    1. Electronic Communications.  The communications between you and Hipcamp use electronic means, whether you visit the Hipcamp Materials or send Hipcamp e-mails, or whether Hipcamp posts notices on the Hipcamp Materials or communicates with you via e-mail.  For contractual purposes, you: (a) consent to receive communications from Hipcamp in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hipcamp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

    2. Assignment.  This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Hipcamp’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

    3. Force Majeure.  Hipcamp shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, pandemics, epidemics, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    4. Compliance.  If you believe that Hipcamp has not adhered to this Agreement, please contact Hipcamp by contacting us at https://hipca.mp/support.  We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

    5. Choice of Language.  It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

    6. Notice.  Where Hipcamp requires that you provide an e-mail address, you are responsible for providing Hipcamp with your most current e-mail address.  In the event that the last e-mail address you provided to Hipcamp is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Hipcamp’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Hipcamp at the following address: 2261 Market Street #4139 San Francisco CA, 94114. Such notice shall be deemed given when received by Hipcamp by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

    7. Waiver.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    8. Severability.  If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    9. Entire Agreement.  This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

    10. Governing law, Jurisdiction and Venue. This Agreement is governed by and construed in accordance with the laws of England. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Terms of Use before the competent court of your place of residence or in the English courts. If Hipcamp wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, both you and Hipcamp agree that all claims and disputes arising out of or relating to this Agreement (and any Supplemental Terms unless expressly otherwise set forth in such Supplemental Terms) will be resolved exclusively in the courts of England and Wales, and you hereby submit to the exclusive jurisdiction thereof.

  5. MOBILE APPS. The following terms apply to your access and use of the App.

    1. App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and Hipcamp and not with the App Store. Hipcamp, not the App Store, is solely responsible for Hipcamp Materials, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Hipcamp Materials, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Hipcamp Material, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

    2. Accessing and Downloading the App from the Apple App Store. The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:

      1. You acknowledge and agree that (i) the Agreement is concluded between you and Hipcamp only, and not Apple, and (ii) Hipcamp, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Service.

      2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App.

      3. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between Hipcamp and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hipcamp.

      4. You and Hipcamp acknowledge that, as between Hipcamp and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

      5. You and Hipcamp acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party’s intellectual property rights, as between Hipcamp and Apple, Hipcamp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

      6. You and Hipcamp acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.

      7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.





Hipcamp Landowner Terms of Use



These Landowner Terms of Use (the “Landowner Terms”), in addition to the Hipcamp Terms of Use (the “Hipcamp Terms” and, together with the Landowner Terms, the “Agreement”), govern your rights and responsibilities related to your use of Hipcamp’s Landowner Services. Capitalized words used but not defined in these Landowner Terms have the meanings set forth in the Hipcamp Terms. These Landowner Terms apply to Landowner Services worldwide.



LANDOWNER SERVICES FOR HIPCAMP



Landowner Services” are those services offered or otherwise made available by Hipcamp and its affiliates and subsidiaries to individuals or entities that own Property and desire to create Listings for such Property on Hipcamp Properties, including without limitation existing Landowners.



By using the Landowner Services, you agree that you have read, understand, and agree to be bound by these Landowner Terms, which together with the underlying Hipcamp Terms, constitute a legally binding contract. If you are accepting these Landowner Terms and using the Landowner Services on behalf of a company, partnership, organization, sole proprietorship or other legal entity (a “Business”), you represent and warrant that you are authorized to do so and have the authority to bind such Business to these Landowner Terms, in which case the words “you” and “your” as used in this Agreement shall refer to such Business. If you do not agree to these Landowner Terms, or do not have the authorization and authority referred to above, then you are not allowed to use the Landowner Services.



ANY AGREEMENT YOU ENTER INTO WITH A CAMPER, WHETHER IN CONNECTION WITH A BOOKING OR OTHERWISE, IS SOLELY BETWEEN YOU AND SUCH CAMPER, AND HIPCAMP IS NOT AND SHALL NOT BE A PARTY THERETO.



  1. Listings. If you wish to list a Property as a Landowner, you may create a Listing of that Property by answering a variety of questions about it, selecting a cancellation policy in accordance with our then-current Booking Cancellation Policy and providing the Property Rules and pricing for such Listing, in each case in accordance with the functionality of the Services. Listings are made publicly available on our Website. You acknowledge and agree that you are responsible for any and all Listings you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.

  2. Availability. You can set your own schedule of availability for your Property.

  3. Accepting or Rejecting Booking Requests. You may be able to accept or reject Booking Requests through the Services in accordance with the then-current functionality of the Services. We may make tools available to you to help you to make informed decisions about which Booking Requests you confirm; however, you acknowledge and agree that you are solely responsible for determining which Booking Request you accept or reject.

  4. Pricing.

    1. Listing Prices. You are solely responsible for setting the price for any Listing of your Property. However, once a Camper makes a Booking Request for such Property, you may not modify such price in connection with such Booking Request. Once you accept a Booking Request or receive a Booking through Instant Book, the terms of such Booking, including payment terms, are binding on you.

    2. European Property Prices. When you create a Listing for a Property located in the United Kingdom or European Union (a “European Property”), you covenant and agree that the price you set for a Listing of your European Property (excluding any adjustments to such price resulting from the then-current functionality of the Services) will be the same as or lower than the price you offer end users of your own website or third-party websites for such European Property.

    3. Landowner Services Fees. You will be responsible for payment of the applicable fee or commission for any Landowner Services (each, a “Landowner Services Fee”) at the time such fees are incurred or otherwise as set forth on or in connection with your use of the applicable Landowner Service. Landowner Service Fees will be communicated to you at the time you sign up for the applicable Landowner Services, and may be subject to change from time to time upon prior notice to Landowners. Except as set forth in the Agreement, all fees for the Landowner Services are non-refundable. No contract will exist between you and Hipcamp for the Landowner Services until we accept your order by a confirmatory e-mail, in-app message, or other appropriate means of communication.

  5. Payments for Landowners.

    1. Payments. When a Camper makes a Booking, except as set forth in Section 5(b) below, Hipcamp shall collect payment for such Booking from the Camper on behalf of the applicable Landowner and shall remit such amounts (less any applicable Landowner Services Fees or other applicable taxes and fees) to Landowner in accordance with Hipcamp’s then-current policies and procedures.

    2. Payments for European Properties. When a Camper makes a Booking for a European Property, any Landowner Services Fee payable to Hipcamp by Landowner in connection with such Booking will be invoiced to Landowner and automatically collected by Hipcamp, in accordance with such invoice and Hipcamp’s then-current policies and procedures.

    3. Appointment as Limited Payments Agent. If so appointed by a Landowner under these Landowner Terms, Hipcamp may act as such Landowner’s limited payment collection agent for the limited purpose of accepting payments from Camper(s) on behalf of such Landowner. Hipcamp will process such payments and settle payments that are actually received by Hipcamp to Landowner, less any amounts owed to Landowner, including taxes, fees, and other obligations, and subject to the terms of this Agreement. Landowner agrees that a payment received by Hipcamp on behalf of Landowner satisfies the Camper’s obligation to make payment to Landowner, regardless of whether Hipcamp actually settles such payment to Landowner. If Hipcamp does not settle any such payments as described in this Agreement to Landowner, Landowner will have recourse only against Hipcamp and not the Camper, as payment is deemed made by Camper to Landowner upon constructive or actual receipt by Hipcamp.

    4. Payment Processing. Payment processing services for Landowners are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Landowner Terms, or continuing to operate as a Landowner, you agree to be bound by the Stripe Services Agreement, including any fees associated therewith, as the same may be modified by Stripe from time to time. As a condition of Hipcamp enabling payment processing services through Stripe, you agree to provide Hipcamp accurate and complete information about you and your Business, and you authorize Hipcamp to share it and transaction information related to your use of the payment processing services provided by Stripe.

  6. Compliance. YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH THE LAWS IN THE JURISDICTION OF YOUR PROPERTY. SOME JURISDICTIONS MAY REQUIRE REGISTRATION AND CERTAIN LICENSING AND PERMITS IN CONNECTION WITH THE OFFERING OF YOUR PROPERTY THROUGH A LISTING OR OTHER USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE. You represent and warrant that any Listing you post and any subsequent Booking (and use) of a Property: (i) will not breach any agreements you have entered into with any third party, such as lease or rental agreements, and (ii) will (a) comply with all applicable laws, tax requirements, and rules and regulations that may apply to such Property (including having all required permits, licenses and registrations), and (b) not conflict with the rights of any third party. Hipcamp assumes no responsibility for your compliance with any agreements with or duties to (y) third parties; or (z) applicable laws, rules and regulations. PLEASE REVIEW ALL APPLICABLE LAWS, RULES AND REGULATIONS BEFORE USING THE LANDOWNER SERVICES AND/OR LISTING A PROPERTY.

  7. Insurance.

    1. Properties. Except with respect to Vehicles as provided in Section 7(b), you understand and agree that Hipcamp may provide certain liability insurance and protection against property damage for Approved Landowners (as defined below) as described in our Hipcamp Insurance Policy and Property Protection Plan insurance policies. If an Approved Landowner discovers damage to such Approved Landowner’s Property, the damage must be reported immediately to Hipcamp Support at https://hipca.mp/support. Hipcamp’s insurance policies do not cover all types of physical damage losses on any Property. Accordingly, we recommend you obtain appropriate insurance for your Property. Please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Campers on your Property and any injuries to such Campers.

    2. Vehicles. If you offer a Vehicle on the Hipcamp Services, you, as the host, or an authorized representative acting on behalf of the host, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your vehicles through Hipcamp UK. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your Camper, and his/her/their authorized drivers. You represent and warrant that: (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with listing vehicles on Hipcamp; or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to Campers. You further acknowledge and agree that you shall receive no protection or coverage from Hipcamp or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your Vehicle. You shall add Hipcamp UK Limited as an additional insured on all applicable automobile and excess liability policies. If you lose the ability to offer commercial rental insurance to your Campers (for example, your policy has been canceled or nonrenewed), you are immediately ineligible to rent Vehicles through Hipcamp Materials until such insurance is replaced or reinstated. You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit). You must never surprise Campers with hidden costs or requirements at pick-up. You shall defend, indemnify, and hold Hipcamp, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your guests or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any vehicles, including without limitation, any vehicle damage, personal injury or property damage.

  8. Approved Landowners. In order to be eligible for and to benefit from Hipcamps Insurance Policy as a Landowner you must comply with the following “Insurance Requirements”: You must: (i) be a registered and approved Landowner; (ii) not be a Business; (iii) never have been convicted of a felony in any jurisdiction; (iv) not have had any Homeowners / Renters Liability claims made against you as an individual or entity in the three-year period immediately preceding the event(s) giving rise to an insurance claim hereunder; and (v) at all times comply with all applicable laws, rules, regulations, and ordinances, including any local laws and ordinances related to your Property, as well as the Agreement. By making any claim under the Hipcamp Insurance Policy, you represent and warrant that you have at all times complied with the Insurance Requirements.

  9. Relationship with Landowners. You acknowledge and agree that Hipcamp’s responsibilities to you are limited to: (i) facilitating the availability of the Website and Services in accordance with the Agreement and (ii) serving as the limited payment collection agent of Landowners in certain instances for the sole purpose of accepting payments from Campers on behalf of the Landowners of such amounts stipulated by the Landowners. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Hipcamp and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Hipcamp that is inconsistent with your being an independent contractor (and not an employee) of Hipcamp. You are not the agent of Hipcamp and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Hipcamp. Without limiting the generality of the foregoing:

    1. You are not entitled to or eligible for any benefits that Hipcamp may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, Hipcamp will not withhold or make payments for social security or payroll taxes of any kind, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf, nor will you be entitled to any of the foregoing. If, notwithstanding the foregoing, you are reclassified as an employee of Hipcamp, or any affiliate of Hipcamp, by the U.S. Internal Revenue Service, the U.S. Department of Labor, Her Majesty’s Revenue and Customs (HMRC), or any other federal, national, state or foreign agency (in each case, as applicable) as the result of any administrative or judicial proceeding, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by Hipcamp. In addition, you waive any and all rights, if any, to participation in any of the fringe benefit plans or programs including, but not limited to, health, sickness, accident or dental coverage, life insurance, disability benefits, severance, accidental death and dismemberment coverage, unemployment insurance coverage, workers’ compensation coverage, and pension or 401(k) benefit(s) provided by Hipcamp to its employees.

    2. You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to you under this Agreement, and you agree to do so in a timely manner. If applicable, Hipcamp will report the payments paid to you under this Agreement by filing any forms, including Internal Revenue Service forms, as required by applicable law. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.

  10. Disclaimers. You are solely responsible for your own acts and omissions and the acts and omissions of any individuals who are otherwise present on the Property at your request or invitation, excluding any Campers and the invited guests of such Campers. YOU AND HIPCAMP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICES OR THE HIPCAMP MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



Booking cancellation policy

This Booking Cancellation Policy applies to all Users of Hipcamp’s Services. Capitalized words used but not defined in this Booking Cancellation Policy have the meanings set forth in the HipCamp Terms.

Hipcamp Services Cancellation Policy

A Landowner using the Hipcamp Services must choose one of these six cancellation policies (each, a “Policy”) for each Listing on the Hipcamp Services. The selected Policy will apply to each Booking made by a Camper through or in connection with such Listing:

  • Super Flexible - If a Camper cancels any time before the check in day and time listed on the Booking (“Check-In”), the Camper will receive a full refund (minus Hipcamp fees).

  • Flexible - If a Camper cancels at least 24 hours before Check-In, the Camper will receive a full refund (minus Hipcamp fees). If the Camper cancels 24 hours or less before Check-In, there will be no refund.

  • Moderate - If a Camper cancels at least 3 days before Check-In, the Camper will receive a full refund (minus Hipcamp fees). If a Camper cancels 3 days or less before Check-In, there will be no refund.

  • Strict - If a Camper cancels at least 1 week before Check-In, the Camper will receive a full refund (minus Hipcamp fees). If a Camper cancels 1 week or less before Check-In, there will be no refund.

  • Super Strict - If a Camper cancels at least 1 week before Check-In, the Camper will receive a 50% refund (minus Hipcamp fees). If a Camper cancels 1 week or less before Check-In, there will be no refund.

  • Ultra Strict - If a Camper cancels at least 30 days before Check-In, the Camper will receive a 50% refund (minus Hipcamp fees). If a Camper cancels 30 days or less before Check-In, there will be no refund.

The Policy the Landowner has selected will appear in the ‘Details’ section of the applicable Listing. A Camper will also see the Policy again, and acknowledge and agree to such Policy, immediately before confirming such Camper’s Booking or Booking Request.

The Check-In corresponds to the 'check in' time the Landowner has selected as set forth in a Listing. For example, if a Listing’s 'check in after' time is 2pm and the Landowner has selected a Flexible Cancellation Policy, a Camper will get a full refund if the Camper cancels their Booking before 2pm the day before Check-In. If the Camper cancels at 5pm the day before the Check-In, there will be no refund.