General 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 any agreement between Happy Holiday Apps B.V. and a User (as defined below) and legal relationships and (legal) acts resulting therefrom.

2. All services referred to under 1. include in any case the use of the management system on our website www.campingcomfort.app/beheer and the app Camping Comfort.

3. By using the services of Happy Holiday Apps B.V. you accept to be bound by these terms and conditions.

4. Under "Users" is understood all natural persons and all legal persons who have a subscription for the use of the services of Happy Holiday Apps B.V..

5. Happy Holiday Apps B.V. will send the terms and conditions free of charge upon request. The general terms and conditions are also available at www.campingcomfort.app.

Happy Holiday Apps B.V.

Happy Holiday Apps B.V. offers a low-threshold app for the recreation sector, allowing for easy communication with guests.

Rates and payment

1. All prices charged by Happy Holiday Apps B.V. are excluding VAT.

2. The subscriptions of Happy Holiday Apps B.V. are offered for an amount per month per available place.

• a. The amount of the amount is based on the total of available places on the park or campsite. By places is meant in any case
  • i. Tourist pitches;
  • ii. Seasonal pitches;
  • iii. Apartments;
  • iv. Accommodations.
• b. The number of available places is notified by User. User must inform Happy Holiday Apps B.V. of changes in the number of available places within two weeks.
• c. Happy Holiday Apps B.V. is entitled to adjust the number of available places if the notified number of places differs from the actual available places.
• d. During the period 1 November to 31 March of the following year the winter rate applies, being the normal rate -75%.
• e. On top of the standard options of the Campings Comfort app there is the possibility to use "premium features", these are only billed when used. Prices can be found in the management system.

3. Billing and duration can be per month and per year:

• a. Per month
  • i. Subscription fees are paid monthly by invoice.
  • ii. The term of the subscription is one month and is renewed for one month each time thereafter. The subscription is terminable on a monthly basis.
  • iii. Premium features are billed per month in arrears.

4. Payment of invoices from Happy Holiday Apps B.V. must be made within 14 days of the invoice date.

5. In case of non or late payment, the User is legally in default without notice. User is then due the statutory (commercial) interest from the date the payment became due until the day of payment in full, where interest on a portion of the month is calculated over an entire month.

6. If a User is in default, for example because Happy Holiday Apps B.V. can not collect the amounts owed, Happy Holiday Apps B.V. is entitled to block or close the account of the User.

7. Happy Holiday Apps B.V. is authorized to increase the rates if:

• a. The case of statutory price increases;
• b. Within three months after the conclusion of the agreement and this is the result of legal regulations or provisions; and/or
• c. From three months after the conclusion of the agreement, if the increase is not unreasonable.

Use of Services

1. User must comply with Dutch and other applicable laws or regulations when using the offered services.

2. User may not distribute the following through 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 or other Users' computers.

3. If User wishes to report another User abusing the Services, User may 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 up 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 act or omission as a result of the information on the app.

3. Happy Holiday Apps B.V. is not liable for damages resulting from errors and / or irregularities in the functionality of the services and is not liable for malfunctions or other reasons for any duration unavailability of the services.

4. Happy Holiday Apps B.V. takes for the protection of data of Users and third parties all care that can reasonably be expected from Happy Holiday Apps B.V..

5. Happy Holiday Apps B.V. is not liable for loss of data or unauthorized access to data which arises despite the care taken by Happy Holiday Apps B.V. Happy Holiday Apps B.V. is also not liable for loss of data or unauthorized access that occurs during the transmission of data over public networks or when using networks and systems of third parties.

Complaints

1. Complaints submitted to Happy Holiday Apps B.V. will be answered within 5 working days from the date of receipt.

2. The right to (partial) refund of the price or compensation will expire if the complaint is not reported within fourteen days, unless the nature of the case requires a longer period.

Account

1. User must protect the login details of his account from others.

2. User must keep his password strictly confidential. Happy Holiday Apps B.V. may assume that everything that happens on or with the account of User, is done by User or under the supervision of User.

3. If User thinks or knows that his account is being abused, User should report this as soon as possible to Happy Holiday Apps B.V. by sending a message to [email protected].. Happy Holiday Apps B.V. will in that case take appropriate measures.

4. The User is solely responsible for his behavior and any data, text, files, information, usernames, images, photos, profiles, graphic art, copyrighted works, links and other content or materials. Happy Holiday Apps B.V. accepts no liability regarding the posted data.

5. User is responsible for the confidential data he provides to Happy Holiday Apps B.V. or for the omission of confidential data.

6. Happy Holiday Apps B.V. is entitled to determine at its sole discretion whether an account will be provided.

7. If Happy Holiday Apps B.V. believes that 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. may exclude the User from the Services by:

• a. deleting the User's account; or
• b. blocking parts of the services for the User.

Use of third parties

1. Happy Holiday Apps B.V. is entitled in the performance of the services, where appropriate, to engage third parties. Happy Holiday Apps B.V. is not obliged to personally inform the User. Use of the services of Happy Holiday Apps B.V. implies that the User authorizes Happy Holiday Apps B.V. to accept any limitations of liability of third parties also on behalf of User.

2. Happy Holiday Apps B.V. takes extreme care when engaging third parties. Happy Holiday Apps B.V. is not liable for the acts or omissions of these third parties, unless there is intent or gross negligence of Happy Holiday Apps B.V..

Processing personal data (processing agreement)

1. The provisions in this paragraph qualify as a processing agreement.

2. User, as controller, has personal data and shares it with Happy Holiday Apps B.V. as processor.

3. The purpose of the processing is to facilitate messages/reservations/orders between User and guests.

4. The category of data subjects user, guests

5. The type of data shared:

• a. Guests
  • i. First name Last name
  • ii. Campground/accommodation number
  • iii. IP address
  • iv. MAC address
  • v. Times of user activity
  • vi. Orders / assignments
  • vii. Messages
• b. User
  • i. First name Last name
  • ii. Address
  • iii. Telephone number
  • iv. Email address
  • v. IP address
  • vi. MAC address
  • vii. Times of user activity
  • viii. Messages
  • ix. VAT id

6. The duration of processing 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 make joint efforts to comply with all legal requirements. In any case, the processor will comply with the following points:

• a. The processing will take place only on the basis of the written instructions of Controller.
• b. The Processor shall not use the personal data for its own purposes.
• c. Persons employed by or working for the Processor who come into contact with the data in question have a duty of confidentiality.
• d. Processor takes appropriate technical and organizational measures so that the processing meets the requirements of the AVG and the protection of the rights of data subjects are guaranteed. (see last section)
• e. Processor shall impose on a sub-processor in a sub-processor agreement the same obligations as in this agreement.
• f. The processor helps to fulfill the obligations of controller when data subjects exercise their privacy rights (such as the right to access, correction, oblivion and data portability). The processor does not charge more than reasonable costs for this (max. €100 per hour for direct hours only)
• g. The processor helps to comply with the obligations around the data breach notification obligation. This means that processor immediately reports possible data breaches to responsible party and cooperates in investigation/analysis. The processor does not have to report to the AP, this is done by the responsible party. The Processor does not charge a fee for handling possible data breaches arising at Processor.
• h. The processor helps to comply with the obligations around Data Protection Impact Assessment. ). The processor does not charge more than reasonable costs for this (max. €100 per hour for direct hours only).
• i. The Processor cooperates with audits by the Responsible Party or a third party engaged by the Responsible Party. Processor shall make available all relevant information to verify Processor's compliance with the obligations set forth in this Agreement
• j. Upon completion of the processing services, Processor shall delete the data (or return it to Controller), unless there is a legal obligation to retain it. This is 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 offer safeguards at least equivalent to the European Union, unless otherwise agreed in writing.

8. The Processor shall apply at least the following measures regarding the security of the personal data: (For example, pseudonymization and encryption of personal data, permanent information security, restoration of availability and access to data in case of incidents, regular security testing)

Invalidity

If any provision of these general terms and conditions should prove to be void or non-binding, Happy Holiday Apps B.V. and User remain bound by the remaining provisions of this deed. Happy Holiday Apps B.V. will replace the void or non-binding provision(s) by a provision that is binding and whose scope is as much as possible the same as 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 amend, supplement and/or modify these terms and conditions at any time. The most current version of the Terms and Conditions can be found on the Website.

Other Provisions

Happy Holiday Apps B.V. may at any time make adjustments to the design or operation of the services, 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 therefrom, are governed in all respects by Dutch law.

2. All disputes between Happy Holiday Apps B.V. and Users shall in the first instance be settled by the competent court of The Hague District Court.