Terms and Conditions Happy Holiday Apps B.V.
These are the general terms and conditions of Happy Holiday Apps B.V., Happy Holiday Apps B.V., a company with address Vitruviusstraat 136, 2314CW Leiden. Happy Holiday Apps B.V. is registered with the Chamber of Commerce under 77448294.
Applicability
1. These terms and conditions apply to all services of Happy Holiday Apps B.V., to every agreement between Happy Holiday Apps B.V. and a User (as defined below) and the resulting legal relationships and (legal) actions.
2. All services mentioned under 1. include, in any case, the use of the management system on our website www.campingcomfort.com/admin and the app Camping Comfort.
3. By using the services of Happy Holiday Apps B.V., you agree to be bound by these terms.
4. "Users" refers to all natural persons and all legal entities that have a subscription for the use of the services of Happy Holiday Apps B.V.
5. Happy Holiday Apps B.V. will send the general terms and conditions free of charge upon request. The general terms and conditions are also available at www.campingcomfort.com.
Happy Holiday Apps B.V.
Happy Holiday Apps B.V. offers an accessible app for the recreation industry, enabling easy communication with guests.
Rates and payment
All prices used by Happy Holiday Apps B.V. are exclusive of VAT.
The subscriptions of Happy Holiday Apps B.V. are offered for an annual amount per available place.
a. The amount is based on the total number of available spots in the park or campground. "Spots" in any case refers to:
i. Tourist places;
ii. Seasonal pitches;
iii. Apartments;
iv. Accommodations.
b. The number of available spots is communicated by the User. The User must report changes in the number of available spots to Happy Holiday Apps B.V. within two weeks.
c. Happy Holiday Apps B.V. is entitled to adjust the number of available places if the specified number of places differs from the actual available places.
Billing and contract terms:
a. Happy Holiday Apps B.V. offers only annual subscriptions.
b. After registration, the contract automatically goes into effect. The user can cancel the contract free of charge and without further obligations within two weeks after registration by email, phone, or other means of communication.
c. Subscription fees are paid annually by invoice in January, prepaid for the entire year.
d. The duration of the subscription is one year and is thereafter extended each time by one year. The subscription can be canceled up until December 31 of the previous year.
e. The current prices for the Camping Comfort app can be found on the website.
f. Prices for White Label and Kiosk solutions are available upon request.
g. No additional costs are charged; all services are included in the annual subscription.
h. Costs of third parties (such as payment providers) are billed directly to the User by those third parties.
Payment of invoices from Happy Holiday Apps B.V. must be made within 14 days of the invoice date.
In the event of non-payment or late payment, the User is in default by operation of law and without notice of default. The User is then liable for the statutory (commercial) interest from the day the payment became due until the day of full settlement, with interest over part of the month being calculated over an entire month.
If the User is in default, for example because Happy Holiday Apps B.V. is unable to collect the amounts due, Happy Holiday Apps B.V. is entitled to block or terminate the User's account.
Happy Holiday Apps B.V. is entitled to increase the rates if:
a. There is a case of statutory price increases;
b. Within three months after the conclusion of the agreement and this is the result of statutory regulations or provisions; and/or
c. From three months after the conclusion of the agreement, provided the increase is not unreasonable.
Use of services
1. The user must comply with Dutch and other applicable laws and regulations when using the offered services.
2. User may not distribute the following via the offered services:
a. Plagiarism and/or previously published content;
b. Pornographic videos, images, or other media with erotic content;
c. Texts or images that are offensive, racist, discriminatory, or hateful;
d. Unsolicited advertising (spam);
e. False or misleading information; and/or
f. Viruses, malware, spyware, or other software intended to cause damage to our computers or those of other Users.
3. If a User wants to report another User who is abusing the Services, the User can send a message to [email protected].
Liability
1. Happy Holiday Apps B.V. is only liable for direct damage caused by gross negligence or intent of Happy Holiday Apps B.V. and to a maximum of the amount charged to the User per month.
2. Happy Holiday Apps B.V. is not liable for damages that are or may be the result of any action or omission based on the information on the app.
3. Happy Holiday Apps B.V. is not liable for damage resulting from errors and/or irregularities in the functionality of the services and is not liable for outages or other reasons for any duration of unavailability of the services.
4. Happy Holiday Apps B.V. exercises all due care reasonably expected of Happy Holiday Apps B.V. for the protection of the data of Users and third parties.
5. Happy Holiday Apps B.V. is not liable for data loss or unauthorized access to data that occurs despite the care that Happy Holiday Apps B.V. takes. Happy Holiday Apps B.V. is also not liable for data loss or unauthorized access that occurs during the transmission of data via public networks or when using third-party networks and systems.
Complaints
1. Complaints submitted to Happy Holiday Apps B.V. are answered within 5 working days of receipt.
2. The right to (partial) reimbursement of the price or damages expires if the complaint is not reported within fourteen days, unless the nature of the case implies a longer period.
Account
1. The user must protect their account login details from others.
2. User must keep their password strictly confidential. Happy Holiday Apps B.V. may assume that everything that happens on or with the User's account is done by the User or under the User's supervision.
3. If the User thinks or knows that their account is being misused, the User must report this to Happy Holiday Apps B.V. as soon as possible by sending a message to [email protected]. Happy Holiday Apps B.V. will then take appropriate measures.
4. The User is solely responsible for their behavior and all data, text, files, information, usernames, images, photos, profiles, graphic art, copyrighted works, links, and other content or materials. Happy Holiday Apps B.V. does not accept any liability regarding the posted data.
5. The user is responsible for the confidential information that he provides to Happy Holiday Apps B.V. or for omitting confidential information.
6. Happy Holiday Apps B.V. is entitled to determine at its own discretion whether an account is provided.
7. If Happy Holiday Apps B.V. believes that the User is violating the law or these general terms and conditions, Happy Holiday Apps B.V. may (partially) exclude the User from the Services. For example, Happy Holiday Apps B.V. can exclude the User from the Services by:
a. delete the account of User; or
b. block parts of the Services for User.
Use of third parties
1. Happy Holiday Apps B.V. is entitled to engage third parties where necessary in the execution of services. Happy Holiday Apps B.V. is not obliged to personally inform the User about this. Use of the services of Happy Holiday Apps B.V. implies that the User authorizes Happy Holiday Apps B.V. to accept any liability limitations of third parties on behalf of the User.
2. Happy Holiday Apps B.V. exercises the utmost care when engaging third parties. Happy Holiday Apps B.V. is not liable for the actions or omissions of these third parties, unless there is intent or gross negligence on the part of Happy Holiday Apps B.V.
Processing of personal data (data processing agreement)
1. The provisions in this paragraph qualify as a data processing agreement.
2. The user, as the data controller, has personal data and shares it with Happy Holiday Apps B.V. as the processor.
3. The purpose of the processing is to facilitate messages/reservations/orders between the User and guests.
4. The category of data subjects user, guests
5. The type of data that is shared:
a. Guests
i. First Name Last Name
ii. Number camping/accommodation
iii. IP address
iv. MAC address
User activity times
vi. Orders / allocations
vii. Messages
viii. Booking number
b. User
i. First Name Last Name
ii. Address
iii. Phone number
iv. Email address
v. IP address
vi. MAC address
vii. Times of user activity
viii. Messages
ix. VAT ID
6. The processing period begins on the first day of the subscription and ends on the last day of the subscription.
7. Both parties are aware of the General Data Protection Regulation and will work together to comply with all legal requirements. The processor will at least adhere to the following points:
a. The processing takes place only based on the written instructions of the Data Controller.
b. The Processor will not use the personal data for its own purposes.
c. Persons working at or for the Processor who come into contact with the relevant data have a duty of confidentiality.
d. Processor takes appropriate technical and organizational measures so that the processing complies with the requirements of the GDPR and the protection of the rights of data subjects is ensured. (see last paragraph)
e. Processor imposes the same obligations on a sub-processor in a sub-processor agreement as in this agreement.
f. The processor assists the controller in fulfilling obligations when data subjects exercise their privacy rights (such as the right of access, rectification, erasure, and data portability). The processor charges no more than reasonable costs for this (max. €100 per hour for direct hours only).
g. The processor assists with meeting the obligations regarding the duty to report data breaches. This means that the processor immediately reports possible data breaches to the controller and cooperates in investigation/analysis. The processor does not need to report to the AP; this is done by the controller. The processor does not charge any fees for handling possible data breaches that occur with the processor.
h. The Processor assists in fulfilling the obligations regarding the Data Protection Impact Assessment. The Processor charges no more than reasonable costs for this (max. €100 per hour for direct hours only).
i. Processor cooperates with audits by the Controller or a third party engaged by the Controller. Processor makes all relevant information available to verify Processor's compliance with the obligations of this Agreement.
j. After termination of the processing services, the Processor deletes the data (or returns it to the Controller), unless there is a legal obligation to retain it. This will be done as soon as possible, but in any case within four weeks after the end of the processing services.
k. The processor may not process the data outside organizations/countries that provide at least equivalent safeguards as the European Union, unless otherwise agreed in writing.
8. The processor applies at least the following measures regarding the security of personal data: (For example, pseudonymization and encryption of personal data, permanent information security, recovery of availability of and access to data in case of incidents, regular security tests)
Invalidity
If any provision of these general terms and conditions should be null or non-binding, Happy Holiday Apps B.V. and User will remain bound by the other provisions of this deed. Happy Holiday Apps B.V. will replace the null or non-binding provision(s) with a provision that is binding and whose purport is as close as possible to that of the provision(s) to be replaced, taking into account the purpose of these terms and conditions.
Changes
Happy Holiday Apps B.V. reserves the right to unilaterally modify, supplement, and/or adjust these terms and conditions at any time. The most current version of the General Terms and Conditions can be found on the website.
Other provisions
Happy Holiday Apps B.V. may make adjustments to the design or operation of the services at any time, including the underlying technical mechanisms.
Applicable law and choice of forum
1. These general terms and conditions and all non-contractual rights and obligations arising from them are in all respects governed by Dutch law.
2. All disputes between Happy Holiday Apps B.V. and Users will initially be settled by the competent court of the District Court of The Hague.
