Glamping Hub USA Inc.
- Physical Address
- 990 S. Broadway, Denver. Colorado (USA)
- Contact Email
- Phone Number
- Registration Data in the Commercial Registry
- Secretary of State - 20171593201
- Physical Address
- Cuesta del Rosario St, 8, House 1, 4th floor GH. 41004 Seville (Spain)
- Contact Email
- Phone Number
- +34 955 277 838
- Registration Data in the Commercial Registry
- Registro Mercantil de Sevilla, volume 5583, page 123, sheet SE-94585
Terms and Conditions
Glamping HubLast updated: May 24th, 2018 Version 1.1.
Please read carefully.
The terms and conditions of the Glamping Hub services (from now on “Glamping Hub,” “the group,” “the platform,” “the site”) are as stated below for you (from now on “User,” term that does not distinguish between the roles within the site, “Host” or “Guest”).
The use of the services and products offered by Glamping Hub through any of its domains, subdomains, platforms, apps, and software available to the public are regulated throughout this document.
By clicking on “I agree” or by using any of the services offered to you through the sites glampinghub.com, pets.glampinghub.com, or any other or platform offered to the users by Glamping Hub, you are signing a binding contract with the group entities according to your country of residence. The “country of residence” shall be understood as the jurisdiction associated with your Glamping Hub User Account, whether you stated it yourself or in accordance with a Glamping Hub determination regarding the data associated with the Account.
Therefore, if your country of residence is the U.S., Canada, or any other country that does not belong to the European Economic Area, you’ll be signing a contract with:
- · Glamping Hub USA, Inc.
- · Address: 990 S. Broadway Denver Colorado
- · Contact email: firstname.lastname@example.org
- · Phone number: 415-800-3004
- · Tax ID: 82-1619937
- · Public record entry data: Secretary of State – 20171593201
If your country of residence is within the European Economic Area, you’ll be signing a contract with:
- · Ideadero, S.L. (parent company of Glamping Hub USA, Inc.)
- · Address: Cuesta Del Rosario, 8, Casa 1, 4-GH, Sevilla, 41004
- · Contact email: email@example.com
- · Phone number: +34 955 277 838
- · CIF: B90017468
- · Trade public record entry data: Registro Mercantil de Sevilla, tomo 5583, folio 123, hoja SE-94585
If your country of residence changes, the Glamping Hub entity you’ll be bound to by the contract will be determined by your new country of residence, in accordance with what was previously stated and since the date this change took place.
The user must know that, in every case, the entity that manages Glamping Hub paid services is Glamping Hub USA, Inc. (part of Glamping Hub Group), which does not limit your rights as consumer and user, since you will be able to contact the entity of the group Glamping Hub you are signing the contract with, in accordance with the stated above, for any kind of demand or claim.
Also know, that for these services to be executed, the gathering and processing of certain personal data is necessary. The specific terms and conditions for this are displayed in our Data Protection Policy.
Finally, you acknowledge that by accessing, viewing or using the site, you have read, understood,and agreed to these Terms. If you do not agree to these Terms, you may not access, view, or use the Site.
1. Scope of service
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 and/or any related services.
This site is just a meeting place.
Glamping Hub is an online platform where Hosts can advertise their Accommodations for bookings and through which Guests can inquire and book said Accommodations. For the Hosts to offer the occupancy of their vacant properties for a short period, and for the Guests to be able to proceed with their booking, it is necessary for both of the parties to be registered on the platform.
When booking through glampinghub.com, Guests enter into a direct and legally binding relationship with the related Host. Glamping Hub does not own, manage, or operate any of the accommodations listed on its Platform. Glamping Hub acts solely as a platform where Hosts can advertise their Accommodations to be booked by guests and also provides a set of tools to accept and manage payments from guests 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 does not endorse any Hosts listed, cannot guarantee that the information is accurate, is not responsible for any errors or omissions, and is not represented by any hosts’ opinions, practices, or policies. Each Host is 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.
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 and/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. Guests' Registration and Booking Terms
You may create a Guest Account to send booking requests (Booking Request); receive, read and answer messages from Hosts; accept and/or reject booking offers; cancel bookings; and to change your Guest Account information. Your information will be collected and used in accordance with our Data Protection Policy
When registering, you agree to register on behalf of yourself only and agree to provide us with truthful and accurate information regarding your Guest Account. We store a digital version of the terms and conditions agreed to by you. You’ll be able to download them from your Dashboard or by contacting us through firstname.lastname@example.org.
You are responsible for any activity involving your Guest Account; please contact us immediately at email@example.com if your Guest Account information has been compromised.
Verified guests are those who have previously booked through Glamping Hub and who have also provided the following data, which has been verified by us, including, but not limited to: ID number, phone number, email, and payment details.
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 decline your booking and/or communicate with you through Glamping Hub’s platform via the message thread to discuss the details of your stay and send you new or additional offers for Accommodation. Once the booking is confirmed, we may share your information with the Host, and it will only be used for booking-related purposes. Please visit our Data Protection Policy to know more about how we share and how we protect your personal information.
If you do not receive a response from the Host after 24 hours from the submission of your initial Booking Request, you will be able to withdraw the Booking Request at your discretion at no charge.
Once a Booking Request has been confirmed by a Host, you agree to pay the Total Fees 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.
Hosts on the site have the right to refuse a reservation to any guest at any time, for any reason without liability to the guest. These are all private accommodations, and, as such, a host may refuse animals or children regardless of public regulation or law.
On our site, there are accommodations that do allow instant bookings. When submitting a booking for an accommodation that allows instant booking, as displayed in blue directly underneath the photographs, you will be able to instantly reserve that accommodation, at which point you will receive a confirmation email and be fully charged 100% of the booking. This also means that you authorize us and/or our designated third-party payment processor to collect and charge the total amount to your credit card on file.
A Host’s personal information, such as name, phone number, email address, property name, and property address will be withheld until a booking has been confirmed. In addition, all communication must remain within the platform until a booking confirmation. Inversely, as a Guest, the contact information will not be revealed until the booking has been confirmed. In accordance with our Data Protection Policy, Glamping Hub will only reveal Guests’ personal data to provide the accommodation service.
We will notify you by email or through the Dashboard every time you receive a confirmation, a rejection, or a new message from a Host.
4. 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). We store a digital version of the Terms and Conditions you have agreed upon. You’ll be able to download them from your Dashboard or by contacting us through firstname.lastname@example.org.
Upon receiving your sign-up, we will create your Owner Account and give you access to your dashboard based on the information you provide us with. Your information will be collected and used in accordance with our Data Protection Policy.
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, and property and accommodation(s) 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 email@example.com 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 cancellation 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, and any other regulations. You release Glamping Hub from any liability and agree that you are solely responsible for any matter or issue regarding any applicable laws, taxes, or any other regulation regarding your use of this Site and your Accommodations, Listings, or Property.
Please be aware that we reserve the right to refuse to list any property or any Listings, at any time, for any reason, and without any liability to you. We also reserve the right to terminate any confirmed reservation and/or listing if Glamping Hub obtains any information that may compromise the safety of the guest.
Once a Listing has been successfully published, Guests will have the opportunity to book your Accommodation via the Site.
Verified Hosts are those whose Accommodations have been previously booked through Glamping Hub and who have also provided the following data, which has been verified to be correct by us, including, but not limited to: ID number, phone number, email, and payment details.
As a Host, when receiving a Booking Request, you must confirm, decline, or communicate with the Guest via our Platform, within 24 hours of the Booking Request. After 24 hours, the guest will be entitled to withdraw the Booking Request.
Hosts on the site have the right to refuse a reservation to any guest at any time, for any reason without liability to the guest. These are all private accommodations, and, as such, a host may refuse animals or children, regardless of public regulation or law.
A Guests’ personal information, such as name, phone number, email address, property name and address, will be withheld until a booking has been confirmed. All communication is to remain within the platform until booking confirmation. Inversely, as a Host, the contact information will not be revealed to the Guests until the booking has been confirmed. In accordance with our Data Protection Policy, Glamping Hub will only reveal a Host’s personal data for fulfilling booking services. 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.
On our site, we consent for Hosts to list their accommodations allowing instant bookings. When a Guest submits a booking for an Accommodation that allows instant booking, the Accommodation will be immediately booked without needing to wait for the Host’s acceptance, at which point you will receive a confirmation email. Likewise, we will share with you certain contact information from the client undertaking the obligation to fulfill the accommodation services.
You understand and agree that once you confirm the booking or the Guest stays at your Accommodation, you enter into a direct, binding agreement with the Guest. You understand and agree that Glamping Hub is not a party to such Agreement. Glamping Hub merely serves as a platform to list and show accommodations, manage bookings, accept and process payments from the Guests on behalf of the Host, and be responsible for disbursing such payments to the Host after deducting any applicable fees (see Service Fees below).
5. 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 submitting a booking, you will be required to enter your credit card details, at which point your booking will be submitted, the status will be pending, and your card will not be charged. However, you will be held liable to the total amount once the booking has been confirmed by the host, which can take up to 48 hours. 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).
On our site, there are accommodations that do allow instant bookings. When submitting a booking for an accommodation that allows instant booking, as displayed in blue directly underneath the photographs, you will be able to instantly reserve that accommodation, at which point you will receive a confirmation email and be fully charged 100% of the booking.
Guest Service 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.
This fee covers the transaction costs associated with transferring funds to hosts. For each booking, Guests are charged a service fee based on a sliding scale between 7-11% that depends on the total amount of the booking. This percentage will be placed on top of the final quote of the booking when the guest is on the check-out page. The sliding scale of service fees is broken down into tiers. The more that a guest spends on a total booking, the lower percentage of the service fee.
In the event that the booking is canceled after confirmation by a Host, the Guest Service Fee is non-refundable. Glamping Hub is not required to refund the non-refundable service fee under any circumstance including, but not limited to, death, natural disasters, cancellations for any reason, acts of God, or other extenuating circumstances.
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 third-party merchant provider for the total price displayed in the specific currency of the property as listed on the check-out page. Please note that this currency may differentiate from the currency that your browser is listed in or the currency of the listed rates. Glamping Hub charges in USD, EUR, CAD, NZD, GBP, and AUD.
Glamping Hub facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although Glamping Hub allows Guests to view the price of Listings in a number of currencies, the currencies available for Guests and Hosts to make and receive payments may be limited and may not include the default currency in any given geographic location. All other countries who charge in currencies not listed above may default to another currency listed at the check-out page as shown on the Total Price.
HOST BOOKING FEES
There is no cost to being listed on our website for Hosts. However, Glamping Hub does charge a service fee of 4% to Hosts (not taken from the tax percentage of a booking) on any confirmed booking through the platform. This fee is not charged to the Host; it is simply subtracted from the total amount that is sent to the Host as payment for a confirmed booking.
Glamping Hub will collect the Total Fees at the time of booking confirmation from the guest 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 at which point the funds will be released to the host at the time of the cancellation). A payment to a host may take up to 5 business days after check-in to be received by the host and are subject to delays, due to bank holidays and specific banks’ efficiency levels. Please note, that Glamping Hub does not cover any third-party fees when transferring payment to hosts, including, but not limited to, Paypal, Transferwise, bank transfer, and currency conversion fees.
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 fails to accept such fee changes, the User’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.
6. Other Extra Services
Gift Cards services consist in the acquirement of a booking from a User benefiting a third party whose data appears in the content of such Gift Card. Whoever is entitled to this Gift Card has the right to enjoy the booking to the extent and the condition outlined in this agreement for Guest Booking.
Gift Cards are generally produced in physical format and can be sent, by request of the User making the acquirement, to a postal address, or they can be generated in a digital format and sent to an email address.
Gift Card Terms and Conditions (last updated June 1, 2015) are as follows:
- · Gift Cards can only be redeemed on Glamping Hub
- · Gift Cards must be redeemed within 12 months of the purchase date.
- · The Gift Card’s amount will be subtracted from the booking total at the time of payment.
- · Gift Cards are non-refundable; the amount can be only be redeemed through Glamping Hub’s website in a single booking.
7. 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 firstname.lastname@example.org
Please be aware that you may not be entitled to refunds depending on the cancellation and refund policy selected by the Host. If a guest does not accurately represent their party in their reservation (i.e., extra guests, age, dogs, or children), and the host will not allow the extra guests or pets and/or requests the guest to leave the property, the guest loses their right to any refund at that time.
Please note that the Guest Service Fees are non-refundable fees once the booking is confirmed by the Host, and though a booking may be fully refundable according to the cancellation policy, the service fee is still non refundable.
All Users, Guests, and Hosts agree that Glamping Hub is not a party to any contracts created by and between a User and a Host, including, but not limited to, short-term rental agreements. Glamping Hub is merely a website, platform, set of tools, and/or simply a service that helps connect Guests and Hosts. 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.
9. Payments Collection Agent
Each Host that registers with Glamping Hub agrees and designates Glamping Hub as a Limited Payments Collection Agent solely for the limited purpose of accepting 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. If this accommodation proves to not be available (i.e., a double booking), the Host must provide the guest a full refund regardless of their cancellation policy.
Host agrees that as a Limited Payments Collection 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, the Host agrees that he/she is not an independent contractor, partner, joint venture, franchisee, agent, or employee of Glamping Hub. The Host agrees that he/she shall not misrepresent his/her relationship with Glamping Hub to any third parties.
10. Disputes Between Guests and Hosts
In the event of any disputes between a Guest and a Host, Glamping Hub may at its discretion assist in resolving such dispute. However, both Guests and Hosts agree that Glamping Hub is not responsible for and has no liability regarding any Guest/Host disputes or said disputes’ resolution.
11. Compliance With Laws and National Regulations
Glamping Hub is not responsible for the violation of any laws while using our Site. Guests and Hosts must comply with all national, state, local, or U.S. federal laws regarding their use of our Site. Our Site and any services offered are void where prohibited.
U.S. Tax Regulation
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 does not pay taxes on behalf of hosts, but rather simply charges the correct percentage to guests and forwards the funds to hosts who are then responsible for paying their appropriate state, property, and federal taxes. 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.
European Tax Regulation
As a Host, you solely are responsible for performing your tax obligations, which may include, though not exclusively, taxes related with VAT, indirect income tax, taxes and duties upon tourism activities, taxes and withholdings on income, and any other tax that may be applicable.
Additionally, you must know that the tax legislation of the countries within the European Economic Area, where our Hosts operate, might require that Glamping Hub collects data about them. Similarly, Glamping Hub may be required, upon request of the competent tax authorities, to provide tax information from Hosts and/or Guests.
13. Ownership, Proprietary Rights and Copyright Policy
The Site and all of its content are protected by copyright, trademark, and other laws of the United States, the European Economic Area, 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, and/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.
Glamping Hub respects copyright law and expects its users to do the same. It is Glamping Hub's policy to terminate in appropriate circumstances the Glamping Hub Accounts of Users or other account holders who repeatedly infringe, or are believed to be repeatedly infringing, the rights of copyright holders.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Glamping Hub used herein are trademarks or registered trademarks of Glamping Hub Inc. and/or Ideadero S.L. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
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, use, view, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, and access such Content on, through, or by means of the Site. Glamping Hub does not claim any ownership rights 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 uploaded, created, transferred, and sent through the site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or you have all rights, licenses, consents, and releases that are necessary to grant to Glamping Hub the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission, or transmittal of the Content or Glamping Hub's use of the Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, rights of publicity or data protection, or result in the violation of any applicable law or regulation.
As a User of Glamping Hub, you may be able to post reviews of Hosts or Accommodations found through the Glamping Hub platform. Please be aware that all user reviews are subject to the Content license listed above. If a Guest cancels their stay or leaves the property before staying, their right to leave a review on the site is revoked. 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 said websites or resources do not imply any endorsement by Glamping Hub of these websites or resources or the content, products, or services available from these websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from these websites or resources.
17. Term, Termination and Glamping Hub Account Cancellation
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Glamping Hub terminate the Agreement in accordance with this provision.
Please be aware that we are not required to allow you to register or create an account through our Service, and we may, at our discretion, refuse to provide you with an account for any reason.
We may, without liability to you, (a) terminate these Terms or your access to our Site, and/or (b) deactivate or cancel your Glamping Hub Account, with or without prior notice and at any time, if you have materially breached your obligations under these Terms and/or if you have violated applicable laws, regulations, or third-party rights.
Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion or which we are legally obligated to pay you. In the event Glamping Hub terminates these Terms or your access to our Site or deactivates or cancels your Glamping Hub Account, you will remain liable for all amounts due hereunder.
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.
Notwithstanding what is stated above, this does not apply to your personal data, which you will be able to consult, restrict, erase, or obtain at any given moment, in accordance with our Data Protection Policy. You may terminate the Terms or cancel your Account with Glamping Hub by notifying email@example.com so that we can remove your content from the site.
If you cancel your Glamping Hub Account as a Host, any confirmed booking(s) will be automatically cancelled, and your Guests will receive a full refund. If you cancel your Glamping Hub Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the cancellation policy.
The Site, any Site content, or any User Content found within the Site are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, Glamping Hub explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Glamping Hub makes no warranty that the Site, Content and Site content, including, but not limited to, the Listings or any Accommodations, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Glamping Hub makes no warranty regarding the quality of any Listings, accommodations, content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Site. You are solely responsible for all of your communications and interactions with Hosts and/or Guests of the Site and with other persons with whom you communicate or interact as a result of your use of the Site, including but not limited to any Hosts or Guests. You understand that Glamping Hub does not make any attempt to verify the statements of any users of the Site or to review or visit any Accommodations. Notwithstanding Glamping Hub's appointment as the Limited Payments Collection Agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Glamping Hub explicitly disclaims all liability for any act or omission of any Guest or other third party.
18. 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. Glamping Hub does not provide any liability insurance or warranty and is not liable for any damage, injury, or harm that occurs to Hosts or their property by a Guest or likewise to a guest during their stay. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, our liability is then limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
20. Entire Agreement
These Terms, along with the Data Protection Policy and the Cancellation Policy constitute the entire and exclusive understanding and agreement between Glamping Hub and you regarding the Site and any bookings or Listings of Accommodations made via the Site. These Terms supersede and replace any and all prior oral or written understandings or agreements between Glamping Hub and you regarding bookings, Listings of Accommodations, or the Site.
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 and Conditions;
- · Your violation of any third-party right, including without limitation any copyright, property, or data protection right; or
- · Any claim that any of your Content or actions through Glamping Hub caused damage to a third party.
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.
23. Age Compliance
Glamping Hub and its Site may only be used by persons 18 years and older. If you are under 18, you must stop using our Site, and you must not submit any personal data and/or information to us.
24. Choice of Law and Settlement of Disputes
If you are a resident of the U.S., Canada, or any other country that does not belong to the European Economic Area, the interpretation of this agreement will be performed in accordance with the State of California and U.S. legislation. The offer and acceptance of this contract is deemed to have occurred in the State of California. In this case, and in case of needing a settlement of a dispute, the parties will submit themselves before the courts in the State of California.
If you are a resident of any of the countries within the European Economic Area, the interpretation of this agreement will be performed in accordance with Spanish legislation. The law choice does not affect their rights as a consumer in accordance with the legislation aimed to protect the consumers and users of their country of residence within the E.U. In this case, and in case of needing a settlement of a dispute, the parties will submit themselves to the European Online Dispute Resolution.
25. 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.
28. Class Action Waive
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.
29. California Users
Pursuant to California law, if you are a California resident and have further questions about Glamping Hub, please contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
30. Electronic Communications
The communications between you and Glamping Hub use electronic means, whether you visit the Site, Platform, Software, or Service or send Glamping Hub e-mails, or whether Glamping Hub posts notices on the Software, Site, or Service or communications with you via email. For contractual purposes, and for the normal execution of the services subject of this agreement, you (1) consent to receive communications from Glamping Hub in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other 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.