Terms and Conditions
Glamping HubLast updated: May 22nd, 2015
1. Scope of service
Glamping Hub, Inc., a Delaware Corporation (hereafter mentioned as Glamping Hub, we, us, or our) is an online booking platform that connects Accommodations Suppliers (hereafter, Owner, Host, Accommodations or Property) with Guests (hereafter, Guest or User) that wish to book such Accommodations through glampinghub.com (hereafter Glampinghub.com, Site, Platform). By clicking I Agree or by using the Site or any portion of any Glamping Hub services offered, you agree to these Terms and Conditions (Terms). These Terms rule your use and access to the Site and any related services, and establish a binding legal agreement between you and Glamping Hub. Please read the Terms carefully. PLEASE BE AWARE THERE ARE CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree to these Terms, you must immediately stop using our Site or any related services.
Glamping Hub is an online platform where Hosts can advertise their Accommodations for bookings and through which Guest can inquire and book such Accommodations. When booking through Glampinghub.com, Guests enter into a direct and legally biding relationship with the related Host. Glamping Hub does not own, manage, or operate any of the accommodations listed in its Platform. Glamping Hub acts solely as an intermediary between Guests and Hosts and serves as an agent to accept payments from Guest on behalf of the Hosts.
All the information regarding the Accommodations listed on the Site is based on the information provided to us by the Hosts. Glamping Hub cannot guarantee that the information is accurate, does not endorse any Hosts listed, and is not responsible of any errors or omissions. Each Host is responsible at all times for the accuracy and correctness of the information about their Property, including but not limited to the rates and availability displayed on our Site.
You acknowledge and agree that, by accessing, viewing or using the site, you have read, understand and agree to these Terms. If you do not agree to these Terms, you must not access, view or use the Site.
2. Modification and Availability
Glamping Hub has the right, at its sole discretion, to modify the Site, or to modify these Terms, at any time and without prior notice. If any modifications are made to the Terms, such notification will be posted on these Terms or we may notify you of such changes to the Terms. If you continue to access, view or use the Site, after we have posted a modification on the Site or after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
Glamping Hub does not guarantee that the Site will always be available, work, or be accessible at any particular time. We cannot guarantee that the Site will work as advertised, or that it will give you any desired results.
3. Service Fees
Guest Booking Fees
After visiting our Site you may wish to book Accommodations with a Host. Once you have decided on the proper Host, you'll be required to create a booking. At the time of each booking you'll be required to pay in full, the total amount of the reservation (Total Fee) The Total Fee is comprised of the Booking Fees plus the Guest Service Fee (a non-refundable fee charged by Glamping Hub to the Guest).
Booking Fees are calculated based on a number of factors, including but not limited to the rates per night provided by the Hosts, the duration of the booking, and the number of guests.
Additionally, for each booking Guests are charged a (6-12%) Guest Service Fee. In the event that the booking is canceled after confirmation by a Host, the Guest Service Fee shall be non-refundable. Although your credit card may be charged at the time of booking, please be aware that no bookings are confirmed until after you have received a confirmation notification from a Host confirming the booking.
All transactions will be finalized using a United States based third party merchant provider for the total price displayed in US dollars. Rates displayed in other currencies are an estimation based on current exchange rates.
Host Booking Fees
Glamping Hub charges Hosts a 4% Host Service Fee every time a booking is made through our Site.
Glamping Hub will collect the Total Fees at the time of booking confirmation and will begin disbursing the Booking Fees (minus Glamping Hub's Host Service Fees) to the Host within 24 hours of the time of the check-in of the Guest (except in the case of cancellation where a refund is due to the Guest).
Changes in Fees
Glamping Hub reserves the right to change and alter any fees at any time. If any changes to the fee or commission structure occur, Glamping Hub shall notify the affected party. If a User or Host fails to accept such fee changes, the User or Host's sole remedy is to terminate these Terms and to cease using the Site and Platform immediately. A Host or User's continued use of the Site after such notification shall constitute acceptance by Host or User of the fee changes.
4. Guests' Registration and Booking Terms
In order to submit an inquiry or make a Booking Request through Glamping Hub, you may either use your Guest Account or directly fill out a booking or inquiry form. The Host will then confirm or reject your booking or communicate with you through Glamping Hub’s platform to discuss the details of your stay and send you new or additional offers for Accommodation. If you do not receive a response from the Host after 24 hours from the submission of your initial Booking Request will be able to withdraw the Booking Request at your discretion. Once a Booking Request has been confirmed by a Host, you agree to pay the Total Fee to Glamping Hub for any confirmed bookings made through your Guest Account or directly from the booking form in accordance with these Terms. You also authorize us or our designated third party payment processor to collect and charge such amounts to your credit card on file.
5. Host's Registration and Booking Terms
As a Host you may wish to create a listing for Accommodation on our site (Listing(s)). In order to create Listings and publish them through our Platform, you must sign up and agree to these Terms to create an owner account (Owner Account). Upon receiving your sign up, we will create your Owner Account and give you access to your dashboard (Dashboard) based on the information you provide to us. You can create and manage all your Listings from your Dashboard where you can change and modify your Listings, including but not limited to rates and availability, or property and accommodations information. When registering you agree to register on behalf of yourself only and agree to provide us with truthful and accurate information regarding your Owner Account. You are responsible for any activity involving your Owner Account; please contact us immediately at firstname.lastname@example.org if your Owner Account information has been compromised.
In order to create a Listing, you will be required to fill out the related forms with information about the Accommodations you wish to list, including but not limited to location and surroundings, number of units, rates and availability, amenities and facilities and cancelation policies. We may review any information provided by you regarding your Listings and modify any information before such Listings are published. You agree that all the information provided to us is accurate and up to date, including but not limited to pictures, rates and availability, and that your accommodation or property conforms to all applicable laws, taxes or any other regulations. Please be aware that we reserve the right to reject any Listings, at any time, for any reason, and without any liability to you. You release Glamping Hub from any liability and agree that you are solely responsible for any matter or issue regarding any applicable laws, taxes or any other regulation regarding your use of this Site and your Accommodations, Listings, or Property. Once a Listing has been successfully published, Guests will have the opportunity to book your Accommodation via the Site.
As a Host, when receiving a Booking Request, you must confirm, reject or communicate with the Guest via our Platform, within 24 hours of the Booking Request. After 24 hours the guest will be entitled to withdraw the Booking Request. We will notify you by email or through the Dashboard every time you receive a Booking Request, a confirmation, a cancellation or a new message from a Guest.
Guests will be able to book your Accommodation via the Site based upon the information provided in your Listing. You understand and agree that once you confirm the booking or the Guest stays at you Accommodation, you enter into a direct, binding agreement with the Guest. You understand and agree that Glamping Hub is not a party to such Agreement. Glamping Hub merely serves as the limited agent of you, the Host, to accept and process payments from the Guests on behalf of you and will be responsible in disbursing such payments to the Host after deducting any applicable fees (see Service Fees above).
Both Users and Hosts agree that Glamping Hub is not a party to any contracts created by and between a User and a Host. Glamping Hub is merely a website and service that helps connect Users and Hosts. YOU AGREE THAT WE ARE NOT LIABLE FOR AND CANNOT ACCEPT ANY LIABILITY IN CONJUNCTION WITH ANY CONTRACT CREATED BETWEEN YOU AND A THIRD PARTY. WE DO NOT TRANSFER LEGAL OWNERSHIP, TITLE, OR RIGHT TO ANY PROPERTIES OR LISTINGS THROUGH OUR SITE OR SERVICE.
7. Payment Agent
Each Host that registers with Glamping Hub agrees and designates Glamping Hub as a limited agent exclusively to collect the payments made by Guests on behalf of the Host. As a Host you agree that once a Guest makes a payment to Glamping Hub when confirming a booking regarding your Accommodation, you will make that same Accommodation available for the Guest's stay. Host agrees that as a limited payment agent, Glamping Hub may accept payments from users, issue refunds, and permit user cancellations and refunds as outlined in these Terms. Both you and Glamping Hub agree that no other agency relationship is formed between you and us. Except as expressly stated otherwise, Host agrees that it is not an independent contractor, partner, joint venture, franchisee, agent, or employee of Glamping Hub. Host agrees that it shall not misrepresent its relationship with Glamping Hub to any third parties.
8. Cancellations and Refunds
All Hosts are required to select a cancellation policy for their Accommodations or Properties that will be visible and applicable to any payment made by the Guest. As a Guest, please fully read and understand the cancellation policies of the Host before booking any Accommodations through our Site. As a Guest, if you wish to cancel any bookings or wish to have a refund issued, please request a cancellation or refund through your Glamping Hub account or contact us at email@example.com. Please be aware that you may not be entitled to refunds depending on the cancellation and refund policy selected by the Host.
Please note that the Guest Service Fees are non-refundable fees once the booking is confirmed by the Host.
9. Disputes Between Users and Hosts
In the event of any disputes between a User and a Host, Glamping Hub may at its discretion assist in resolving such dispute. However, both Hosts and Users agree that Glamping Hub is not responsible for and has no liability regarding any User/Host disputes or such dispute's resolution.
10. Compliance With Laws and Regulations
Glamping Hub is not responsible for your violation of any laws while using our Site. Users and Hosts must comply with all local, state, and US federal laws regarding their use of our Site. Our Site and any services offered are void where prohibited.
IRS regulation, regarding federal tax reporting requirements, stipulates that Glamping Hub must collect IRS Form W-9 from all property owners in the United States. As a Host, you agree that you will cooperate with any reasonable requests from Glamping Hub regarding the reporting of any applicable tax requirements. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Glamping Hub cannot and does not offer any tax-related advice to any Hosts who use this Site to list Accommodations. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. Where applicable, or based upon request from a Host, Glamping Hub may but is not required to issue a valid VAT invoice to such Host.
The Site and all of its content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and any related Content displayed (defined below); including all associated intellectual property rights is the exclusive property of Glamping Hub and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or any Content on the Site without the express written consent of Glamping Hub.
We may, at our sole discretion, permit Hosts to post, upload, publish, submit or transmit photos, diagrams, text, videos, sounds, images, or information (Content). By making available any Content on or through the Site, you hereby grant to Glamping Hub a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Site. Glamping Hub does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Glamping Hub the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Glamping Hub's use of the Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
As a user of Glamping Hub you may be able to post reviews of Hosts or locations found through the Glamping Hub platform. Please be aware that all user reviews are subject to the Content license listed above. Additionally, all reviews may be publicly accessible and searchable. We appreciate your honesty and candor when providing reviews; however, we reserve the right to modify, edit, or remove any reviews that do not comply with this Agreement or at our discretion and judgment.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Glamping Hub is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Glamping Hub of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
16. Propietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Glamping Hub used herein are trademarks or registered trademarks of Glamping Hub. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
17. Copyright Policy
Glamping Hub respects copyright law and expects its users to do the same. It is Glamping Hub's policy to terminate in appropriate circumstances the Glamping Hub Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
18. Termination and Glamping Hub Account Cancellation
Please be aware that we are not required to allow you to register or create an account through our Service, we may, at our discretion refuse to provide you with an account for any reason. We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and (b) deactivate or cancel your Glamping Hub Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Glamping Hub terminates these Terms or your access to our Site or deactivates or cancels your Glamping Hub Account you will remain liable for all amounts due hereunder. You may cancel your Glamping Hub Account at any time. Please note that if your Glamping Hub Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or User feedback. If you wish to terminate the Terms, please simply stop using our Site or cancel your Account with Glamping Hub.
The Site, any Site content or any User Content found within the Site are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, Glamping Hub explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Glamping Hub makes no warranty that the Site, Content and Site content, including, but not limited to, the Listings or any Accommodations, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Glamping Hub makes no warranty regarding the quality of any Listings, accommodations, content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site you are solely responsible for all of your communications and interactions with Hosts and/or Guests of the Site, and with other persons with whom you communicate or interact as a result of your use of the Site, including but not limited to any Hosts or Guests. You understand that Glamping Hub does not make any attempt to verify the statements of any users of the Site, or to review or visit any Accommodations. Notwithstanding Glamping Hub's appointment as the limited agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Glamping Hub explicitly disclaims all liability for any act or omission of any Guest or other third party.
20. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, your Listing or booking of any accommodations via the Site, and any contact you have with other Users of Glampinghub.com whether in person or online remains with you. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 US DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
21. Entire Agreement
You may not assign or transfer these Terms, by operation of law or otherwise, without Glamping Hub's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Glamping Hub may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You agree to defend, indemnify and hold harmless Glamping Hub, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- · Your use of and access to the Glamping Hub Site;
- · Your violation of any term of these Terms of Service;
- · Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- · Any claim that any of your Content or actions through Glamping Hub caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Glamping Hub Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
24. Age Compliance
Glamping Hub and its Site may only be used by persons 18 years and older. If you are under 18 please stop using our Site and please do not submit any information to us.
25. Choice of Law
This Agreement shall be governed by the laws in force in the State of California and the US. The offer and acceptance of this contract is deemed to have occurred in the State of California.
26. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to San Francisco County, CA. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
27. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of the Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms are deemed to conflict with each other's operation, Glamping Hub shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
30. Class Action Waiver
You and Glamping Hub agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
31. California Users
Pursuant to California law, if you are a California resident and if you have further questions about Glamping Hub please contact, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
32. Electronic Communications
The communications between you and Glamping Hub use electronic means, whether you visit the Software, Site, or Service or send Glamping Hub e-mails, or whether Glamping Hub posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Glamping Hub in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Glamping Hub 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.