Legal
Pitch Control
Terms of use for Pitch Control by Parkn'Sleep, as a rental or as a purchase.
Terms of use for Pitch Control by Parkn'Sleep, as a rental or as a purchase.
These terms of use govern the contract between parknsleep AG and the host regarding the Pitch Control offering, either as a rental or as a purchase. They apply in addition to the general terms of use of Parkn'Sleep.
The contracting parties are parknsleep AG (hereinafter parknsleep) and the host who rents or buys Pitch Control. The host acts in the context of its commercial, professional or public activity. This contract is aimed at companies, businesses, municipalities and tourism organisations, not at consumers.
These terms apply to the Pitch Control offering, regardless of whether the host chooses rental or purchase. The general terms of use of Parkn'Sleep apply in addition. In the event of contradictions, these special terms for Pitch Control take precedence.
Pitch Control makes the host's existing pitches separately reservable. The subject matter comprises three parts.
The hardware is produced by Camigo (mobile emotion GmbH, Wangen im Allgäu). parknsleep is the host's contractual partner and provides the offering in Switzerland.
Rental is the recommended option. The host rents the panel for CHF 59 per panel per month. This includes full operation: hardware and software, ongoing maintenance and the replacement of panels if they are defective or are superseded by a new version.
The minimum term is twelve months from commissioning. Thereafter, the subscription continues for an indefinite period and can be terminated with one month's notice to the end of any month. Termination is not tied to the end of the year.
The panel remains the property of parknsleep. At the end of the contract, parknsleep collects the panel and bears the uninstallation.
As an alternative to rental, the host can buy the panel for a one-off price of CHF 1300 per panel. Upon full payment, ownership of the panel passes to the host.
After the purchase, the host pays EUR 10 per panel per month for hardware support and operation of the software. The reservation system therefore continues to run via parknsleep after the purchase.
The purchase does not include the replacement of panels due to obsolescence: if a new version becomes necessary, the host bears the costs. The host likewise bears the risk of vandalism and theft, as the panel belongs to the host. Free replacement in these cases applies only to the rental subscription.
parknsleep charges a transaction fee on the booking revenue of the pitches managed via Pitch Control. It is normally 15 percent and drops to 10 percent as soon as a panel is installed.
The transaction fee applies in both models, rental and purchase.
Installation costs CHF 290 per order. After registration, parknsleep and the host agree on an appointment, and a technician installs the panel on site.
The host ensures access to the site and makes sure that the panel can be mounted as intended. On request, a booking widget is additionally set up on the host's website.
The host is responsible for a suitable location for the panel. This includes sufficient light for solar operation, free accessibility and ensuring that the panel is not obstructed or shaded.
The host keeps its information on pitches, availability and prices up to date and operates the pitches in accordance with the applicable regulations. Tourist taxes and cooperation with the municipalities are handled via the Parkn'Sleep standard system and apply to all pitches.
parknsleep is the host's first point of contact and provides first-level support for hosts and campers. Second-level support for the software is provided by the hardware partner Camigo.
parknsleep operates the reservation system with reasonable care and remedies malfunctions as quickly as possible. No specific availability is guaranteed.
Under the rental subscription, parknsleep bears full responsibility for the hardware. A defective panel is repaired or replaced free of charge as soon as possible. parknsleep likewise replaces a panel in the event of vandalism or theft and when it is superseded by a new version. The panel remains the property of parknsleep.
In the case of purchase, the panel belongs to the host. The support covered by the monthly fee includes operation and software maintenance, but not replacement of the hardware. The host bears the cost of replacement due to obsolescence, vandalism or theft.
parknsleep is liable for damage arising from this contract only in the event of intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.
parknsleep is not liable for loss of profit, lost bookings or consequential damage resulting from a temporary malfunction or the failure of a panel.
The rent is offset monthly directly via the platform against the bookings of the host account. parknsleep deducts rent, support and transaction fee from the booking revenue and pays the balance to the host monthly.
If a month's revenue does not cover the fees due, the shortfall is carried forward and offset against the revenue of the following months. If there is a shortfall at the end of the year, parknsleep issues an invoice for it.
The term and termination of the rental subscription are governed by section 3: a minimum term of twelve months, thereafter terminable with one month's notice to the end of any month. At the end of the contract, parknsleep collects the panel and bears the uninstallation.
parknsleep may only adjust the conditions, i.e. rent, support and transaction fee, with effect from the following year, not during the current year. Any adjustment will be announced at least two months before the end of the year. In this case, the host may terminate the contract with effect from the end of the year.
Either party may terminate the contract at any time without notice for good cause, in particular in the event of repeated or serious breach of contract.
parknsleep processes personal data in accordance with the privacy policy of Parkn'Sleep. Booking, pitch and usage data are used to operate, invoice and improve the reservation system.
Data recorded via the panel, such as vehicle registration numbers and length of stay, serve on-site operation and booking processing.
Should individual provisions be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by a provision that comes closest to its economic purpose.
Swiss law applies. The place of jurisdiction is the registered office of parknsleep AG in Lucerne.
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