1.1 These T&Cs apply to the utilization of the online platform www.nomady.ch ("Nomady") whether or not you use it as a host or as a camper. Besides, our Nomady agreement is essential to us. You can discover it here.
1.2 All offers and services of Nomady are exclusively based on the present GTC. Possible terms and conditions of users do not apply. This also applies if Nomady has not expressly objected to the terms and conditions of users.
2.1 Nature lovers who have discovered the growing need for accommodation close to nature. We operate Nomady AG, Eisenbahnstrasse 7, 8840 Einsiedeln (UID CHE- 259.964.605), which in turn operates www.nomady.ch betreibt.
3.1 Nomady provides its users via the web page www.nomady.ch with a platform where camping and overnight accommodations can be arranged for a fee. Providers of camping or overnight accommodations are called "hosts" and advertise their offer ("camping opportunity") on the platform, which can then be booked by "campers". "Users" of Nomady can be hosts as well as campers. These terms and conditions apply to both categories of users, although separate terms and conditions apply in part depending on the user group (cf. for hosts section 24 and campers section 25).
3.2 Camping facilities can be places for campers, tent sites, cabins, or other accommodations. Hosts and campers can be private individuals as well as legal entities.
4.1 A nature-loving community committed to the Nomady Pact and offering or experiencing sustainable and low-impact tourism off the beaten path. Camping off the beaten path. Everyone who registers for Nomady agrees to the Nomady Pact - and it is important to us that this spirit is lived.
5.1 Our thing is the platform. We mediate, and we do that by providing the technical framework for the mediation of the camping opportunity between the host and the camper. For this, Nomady charges a small fee from both the host and the camper. Payments can be made directly through the Nomady platform. However, for regulatory reasons, we do not do this ourselves. Still, we work for this with the licensed provider Stripe Connect, with whom you yourself also enter into a contractual relationship. Nomady itself does not provide any camping facilities.
5.2 There is no employment relationship between Nomady and the hosts or the campers, nor do we form a simple partnership. Nomady is not authorized to give instructions to hosts or campers and vice versa.
5.3 All rights and obligations arising from the contract for using a camping opportunity arise exclusively between the hosts and the campers. Hosts provide the offered services to campers exclusively in their own name and for their own account and responsibility. Only campers are liable to the hosts for the contractual use of the camping opportunity.
6.1 Surfing on www.nomady.ch is of course possible without registration. Look around!
6.2 The posting of outdoors openings or the utilization of the booking capacities then again needs earlier enrollment as a client. Clients can be hosts or campers. Clients should be of lawful age and have limitless legal capacity. Clients can be natural people or lawful entities.
6.4 After registration, you will receive an automated email from Nomady. The "User Agreement" between Nomady and you as a user, which is governed by these Terms and Conditions, comes into effect when you confirm the link sent in the confirmation email.
6.5 Truthful and complete information must be provided during registration. Data from third parties may not be used. The "user account" is not transferable.
6.6 Please keep your registration data always up to date and treat your access data, especially the password, strictly confidential. If you discover that an unauthorized third party has used your account, please inform Nomady immediately to avoid damage..
7.1 Nomady, just as the graphical portrayal, are globally saved and secured brand names. You may not utilize, change, make subordinate or comparative portrayals of, or use them in interchanges of any sort without our written consent.
8.1 By registering your user account and entering into the user agreement between Nomady and you, we grant you a limited, non-exclusive, non-transferable and revocable license to use Nomady in accordance with these TOS.
9.1 For the sole purpose of operating the Platform, you grant Nomady a non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide license to use, store, display, reproduce, preserve, perform, distribute, or similarly exploit the content you post ("User Content") on Nomady. This applies in particular to the images you post and to your contact information.
9.2 We reserve the right to review, remove or edit your User Content at our sole discretion. This applies in particular to content that, in our opinion, violates these GTC. See also sections 27 and 28.
10.1 The user contract is entered into for an indefinite period. It can be terminated at any time by sending a short email or by deleting your user account.
10.2 If you are a host, please note that the deletion of your user account will result in the cancellation of all bookings confirmed at that time, and the campers will be fully refunded the rental fees already paid in advance. Likewise, in this case, the Nomady fees will be due, namely, those owed by you, but also those that the camper would have had to pay (see also sections 17 and 17.3).
10.3 If you delete your user account as a camper, all your bookings will be automatically canceled. However, please note that the cancellation rules stated in the booked offer still apply. A refund of the camping fees you have already paid may therefore not be owed in all cases. Since you cancel your account knowing this, you must also assume the risk for this. Neither Nomady nor the host will be liable to you liable for this (see also sections 17 and 17.3).
10.4 With the deletion of your user account, the user content you posted on Nomady will be irretrievably deleted. There is no right to restore your data.
11.1 We will only delete your user account if you leave us no other choice ("extraordinary termination"). This is the case if you seriously violate these terms and conditions or the Nomady pact or if you or a person from your environment in connection with the use of Nomady or a rental agreement with the host or camper justified complaints are received or you otherwise conspicuous by law or breach of contract behavior.
11.2 The consequences of this for your user content or, if you are a host, for your bookings can see in section 10. Nomady is not liable for this loss of earnings because your own misconduct provoked the deletion of your host account.
11.3 That being said, of course, we may want to stop operating the platform. We reserve this right. With the discontinuation of the platform, the user agreement between us will also be terminated. Of course, we will inform you about this as early as possible and, if possible, take precautions to ensure that no one is harmed as a result.
12.1 The license to use Nomady (see section 8.1) itself is free of charge. Fees are only charged if you book camping facilities via Nomady or if you rent your camping facility to a camper via Nomady.
12.2 As a camper, you will see exactly how much the camping fees and how much our fees are during the booking process. You have full transparency at all times and decide to book in the full knowledge of the fees incurred.
12.3 Before paying the rental price to hosts, Stripe Connect (see below) deducts the fees owed to us from the rental price. As a host, you will only receive the net amount of your rental price agreed with the camper. As a host, you will be informed about the current Nomady fees when registering your offer.
12.4 If you want to look up the current applicable fees, you can find them here. Nomady reserves the right to adjust the fees from time to time and with effect for future bookings only. You will be properly informed of this.
12.5 Please note our cancellation policy (see section 17). Nomady fees will also be charged in case of cancellation.
13.1 We use the services of Stripe Connect to handle the payment process between camper and host. Stripe Connect is a licensed provider that accepts payments in favor of hosts in its regulated customer money bank account and then disburses them to eligible hosts or the extent of the fee owed to Nomady.
13.2 Stripe Connect maintains direct contractual relationships with both the Host and Nomady to handle payments to the Host and fees to Nomady. Thus, funds owed by the camper to the host never come into the possession of Nomady, nor are they controlled by Nomady. Rather, these funds go into Stripe's regulated customer money bank account for the benefit of the seller or Nomady and are then paid out by Stripe to the seller or Nomady. This saves you and us a lot of regulatory hassle and allows us to focus on what's really important.
13.3 As a host, you register directly with Stripe in a separate process when setting up your user account, and you also accept their terms and conditions (the Stripe Connect Account Agreement). No claims can arise against Nomady regarding the payment process, which is why Nomady assumes neither warranty nor liability for it.
13.4 As a camper, you pay the owed camping and Camping and Nomady fees directly with your credit card. Of course, all conditions of the financial institution with which you have entered into your credit card agreement apply. Nomady has nothing to do with this and therefore assumes no liability or warranty.
13.5 Your credit card will only be charged if the booking is accepted. This can be the case immediately with a direct booking, and if the host really confirms your booking by email, the booking is only valid with the confirmation email. If your booking is declined, you will, of course, not be charged.
14.1 We have already mentioned it, but it is important, so here again: We only mediate. The heart of Nomady is the "camping contract" between host and camper for the purpose of using the host's land or cabin. The camping contract is exclusively between the host and the camper - Nomady has nothing to do with it and is not a party to the camping contract. The camping contract is legally speaking a rental contract. Under this you can imagine something. You rent something to be able to use it against payment.
15.1 The camping contract is concluded with the written confirmation (email) of the booking request by the host, with which he answers the booking request of a camper concerning an advertisement posted by the host on Nomady. In the case of direct bookings, this email is generated automatically.
15.2 The content of the camping contract is based on the specifications made in the advertisement. In essence, for the price indicated in the advertisement, you rent a spot of land to pitch your tent or bus or camper on, or you book a room in a cabin or other accommodation. Further details and costs for sanitary facilities, fireplaces, firewood, etc. and the associated costs can also be found in the advertisement..
16.1 The camping contract ends automatically with your departure on the agreed date.
17.1 If you wish to cancel your camping experience before it even takes place, then the cancellation conditions stated in the advertisement apply. Please pay close attention to them before you cancel your booking.
17.2 Nomady Nomady offers the following three cancellation options:
Super Flex: The camper can cancel up to the check-in time on the date of arrival and will receive the full booking amount back from the host minus the full Nomady service fee. The date of arrival is used to calculate the deadline (minus three calendar days). "Total Nomady Service Fee" means that you must also pay the portion of fees that would have been paid by the host if the camping contract had been executed.
Flex: The camper may cancel up to 24 hours prior to arrival and will be refunded the entire booking amount minus the total Nomady service fee by the host. The date of arrival is used to calculate the deadline (minus three calendar days). "Total Nomady Service Fee " means that you must also pay the portion of fees that would have been paid by the host if the camping contract had been executed.
Easy: The camper can cancel up to 3 days prior to arrival and will be refunded the entire booking amount minus the total Nomady service fee by the host. The date of arrival is used to calculate the deadline (minus three calendar days). "Total Nomady Service Fee" means that you must also pay the portion of fees that would have been paid by the host if the camping contract had been executed.
Medium: The camper can cancel up to 10 days prior to arrival and receive the full booking amount back from the host minus the total Nomady service fee. For the calculation of the deadline the date of arrival is decisive (minus 10 calendar days) "Total Nomady service fee" means that you also have to pay the share of fees that would have been taken over by the host if the camping contract had been carried out.
Strictly: The camper has no possibility to cancel. He owes the entire booking amount including the Nomady service fee he owes, even if he does not use the camp in the booked period. A refund is excluded.
17.3 So you will not get your money back in every case and you will never get all your money back - you have to pay the Nomady service fee for you and the host in case of cancellation in any case. Nomady also disclaims any liability for other non-refundable fees or rentals. Stripe Connect will only refund you the listing price less our total fee.
18.1 Because both of you are the only parties to the camping contract, you will have to settle things yourselves if things do not work out between you as they should. Nomady disclaims all liability and warranty for claims resulting from the camping contract itself and does not see itself and does not see itself as a mediator or guarantor for a smooth camping experience. The camping contract is governed by Swiss law as long as the campsite is located on Swiss soil. So if you have any legal issues arising from a Swiss camping contract, ask a Swiss lawyer or a Swiss lawyer. Otherwise, contact the lawyers of the camping country.
18.2 We have also mentioned the Nomady Pact and come back to it here. It is important to us that the common spirit we express in the pact is lived. If everyone treats each other according to these simple (and actually self-evident) rules, should problems arise?
19.1 So that you as a camper can compare different offers at a glance, the "base price" mentioned in the ad is always for one night and two people on the camping option.
19.2 Information about the basic price and prices for overnight stays of additional persons or additional services such as firewood or breakfast, cleaning fee, possible visitor's tax, taxes and duties of all kinds, etc., can be found in the corresponding advertisement on Nomady. Their determination is at the sole discretion of the host (at least as long as they are not taxes or other public charges).
19.3 Nomady has no influence on the pricing and therefore disclaims all liability in this regard.
20.1 If your camping site is located in a municipality that levies visitor's tax, you as a host may also have to levy or pay visitor's tax for the rental of your camping site. It is your own responsibility to clarify this in advance with your municipality. In any case, Nomady declines all liability in connection with visitor's tax.
20.2 So that you are not unpleasantly surprised by possible tourist taxes, Nomady has provided a field in the input mask for new camping offers that asks exactly about this. It is best to clarify this question immediately and only place your offer on Nomady when this point has been clarified.
20.3 In any case, Nomady is not liable under any circumstances for the tourist taxes you owe. They are solely your responsibility. If you violate your obligations in this regard, you alone are responsible for it. Should Nomady be held liable for this, you must pay the full amount of the claim, including all ancillary costs (e.g., lawyer's fees and court costs).
21.1 As a host, you are responsible for determining whether and to what extent you are required to pay VAT or any other type of tax, fee, or charge on the rental income from any listings. You are also responsible for including these taxes, fees, or changes in your listing price. Please clarify these issues with your municipality or canton of residence before posting ads on Nomady.
21.2 In any case, Nomady is not liable for the taxes you owe under any circumstances. They are your sole responsibility. If you breach your obligations in this regard, you alone are responsible for it. Should Nomady be held liable for this, you must fully pay the claimed amount of the claim, including all ancillary costs (e.g., lawyer's fees and court costs).
22.1 All insurance is the sole responsibility of the user. Nomady recommends that all users ensure they have comprehensive insurance coverage before camping.
22.2 Nomady is in no case liable for property damage, financial loss, personal injury, or damage of any other kind that may occur in connection with the camping contract. If a claim is made against Nomady due to lack of insurance coverage of its users, you must fully pay the claimed amount of the claim, including all ancillary costs (e.g., lawyer's fees and court costs).
23.1 Campers and hosts can leave a public review within a certain period after completing a booking and rate each other using a star rating. All ratings and reviews reflect the opinions of individual users and not the opinion of Nomady. Ratings and reviews are not verified by Nomady for accuracy and may be inaccurate or misleading..
23.2 Ratings and reviews of campers and hosts must be accurate and may not be offensive or defamatory or otherwise illegal or objectionable. Clauses 27 - 33 apply to user content.
24.1 Between us, so that everyone has a super experience:
24.2 When you post an ad on Nomady, please provide complete and accurate information. Point out any deficiencies or requirements that need to be met. And please keep your ad up to date, especially the availability data.
24.3 The content of your advertisement and the way you describe your offer are binding for the camper. This means that you are liable to him for the correct fulfillment of the offer (see also section 18).
24.4 You are solely responsible for setting a price (including any applicable taxes, resort fees, or additional fees, such as a cleaning fee) for your listing. Once a camper requests a booking for your listing, you may not charge the camper a higher price than the price in effect at the time of the booking request
24.6 When you have accepted the booking request of a camper utilizing the direct booking tool or after confirmation by email, you enter into a legally binding contract with the camper (the camping contract, see above). You must then provide your host service as described in your advertisement at the time of the booking request. You are also obligated to pay the applicable host fees and any applicable taxes.
24.7 Nomady recommends that hosts ensure they have adequate insurance coverage. Consult an insurance specialist for advice on your situation.
24.8 All your offers must be in accordance with the relevant laws, tax requirements, and other rules and regulations applicable to you (in particular, all government permits, licenses, and registrations).
24.9 Nomady disclaims all liability should you be held liable for failure to comply with these points.
25.1 Before you book a camping opportunity, you will be shown all costs, including the price of the advertisement, fees for Nomady's service, and any applicable taxes. By making the booking, you agree to pay these fees in full.
25.2 After receiving a booking confirmation, a binding contract between you and the host comes into effect, which is subject to the respective cancellation conditions and all other rules and restrictions stated in the advertisement.
25.3 As a camper, you are responsible for leaving the camp in the condition you found it.
26.1 Before we get into the liability issues: The most important factor for quality assurance on an internet platform like Nomady is self-control. Join in. All users are invited to rate the offers they use truthfully and leave factual and helpful comments (see below for the rules). This is an extremely effective means of quality control because who wants to get bad ratings and thus worsen his chances on Nomady?
26.2 Please report us here immediately if you come across abusive or illegal offers, content, or behavior. This is the only way we can react and protect our community from such behavior.
27.1 Nomady offers you and other users a positive place to discover great camping opportunities. To keep it that way, you are obligated to abide by these terms and conditions. This applies in particular to all details, pictures, and other information that you post on Nomady ("User Content").
27.2 You retain all rights and sole responsibility for the User Content that you post on Nomady. You represent and warrant that your User Content complies with all applicable laws and regulations.
27.3 Posting user content that violates laws or is otherwise inappropriate or offensive is prohibited. If you do so, you will be liable for damages to Nomady and other injured third parties.
27.4 As host, you confirm that you provide the offered services to the camper exclusively on your own responsibility and in your own name and comply with all legal conditions for implementing the camping contract without exception. This includes that you fulfill the necessary legal requirements to provide the offered services at all. You confirm that you have obtained all necessary licenses, permits, or registrations before you advertise camping opportunities on Nomady.
28.1 Like all Internet platforms, Nomady cannot verify the identity of the registered users and the correctness, authenticity, timeliness, completeness, quality, safety, suitability, or legality of the offers posted by them. Therefore, we do not guarantee the correctness of the information provided by users and their offers and fully disclaim any liability for misrepresentation by other users.
28.2 Nomady does its best to ensure that only offers of reputable hosts are presented on the platform and that the information about the users and the type and availability of the offered camping opportunity is complete, correct, and up-to-date. Besides, Nomady reserves the right to request official identification documents or other information from users, which allows verification of the user's identity or the authenticity and correctness of the posted offer. If a user resists this verification process, Nomady reserves the right to delete his user account, including all data contained therein, for security reasons. Despite all care, it can still happen that errors or even fraudulent offers sneak onto our platform.
28.3 Please do your part and give us feedback here immediately if something seems suspicious to you. And always exercise a good amount of due diligence when contacting a host you don't know and making a booking.
29.1 Nomady disclaims all liability for the content that you or other users post on Nomady.
29.2 When you post user contributions, please note that they must not be in any way illegal, and in particular, that they do not contain violence and are not sexually offensive. They must also not contain discriminatory, insulting, racist, defamatory, or otherwise or otherwise illegal or immoral statements or representations. User postings may not contain any inaccurate statements of fact. And they may not violate the rights of third parties, e.g., their rights to names, trademarks, copyrights, personal rights, etc. Such content we call "problematic content" is the following.
29.3 Nomady fully disclaims any liability for problematic content posted by users. If you post problematic content, you must fully bear the legal consequences of this yourself (criminal charges, charges, and claims for copyright infringement, etc.). If Nomady or other users are harmed by problematic content, you are also liable to Nomady as well as to the users harmed by your problematic content.
29.4 We will delete your problematic content immediately if we identify it as such. We reserve the right to delete your user account.
29.5 As a user, you hereby acknowledge that you may be confronted with user content that is problematic in the aforementioned sense. We make every effort to detect such content and delete it promptly, but we disclaim all liability for it if you are nevertheless confronted with it. Please inform us immediately if you encounter problematic content.
30.1 The most common violation of third-party rights certainly happens through images that belong to a third party. In doing so, you violate his copyrights to the images used.
30.2 If a third party sues Nomady for copyright infringement by you, you must fully indemnify us.
30.3 It is best to use only your own images.
30.4 But as a general rule, you may not use, copy, adapt, modify or in any way exploit any of Nomady's content that is not your own.
31.1 In some cases, we at Nomady create the images for the offers of hosts ourselves. We are happy about this and grant you the right to use these images in the context of your offer on Nomady. However, all rights to the images remain fully with Nomady. You are not allowed to use them outside of Nomady without our prior written consent.
32.1 There may be links on Nomady to websites, services, special offers, or other activities of third parties or advertisers ("External Content") that are not owned or controlled by Nomady. Nomady does not endorse or accept any responsibility for such External Content.
32.2 Access to the external content is at the user's own risk, Nomady declines any responsibility for the knowledge or use of the external content.
33.1 The security of our users is critical to us. Although we strive to protect the platform, your content, and your account, Nomady cannot guarantee that unauthorized third parties will not breach our security measures. We ask that you keep your password safe. Please notify us immediately if you become aware that the security of your account has been compromised or accessed without authorization.
34.1 Any liability of Nomady is excluded as far as permitted by Swiss law. This applies in particular to slight negligence. Furthermore, we exclude any liability for the actions of our auxiliary persons. Finally, it goes without saying that we are also not liable for failures or disruptions of the Internet and telecommunications infrastructure that lead to an impairment of the functionality of Nomady.
34.2 In particular, Nomady is not liable for the identity of the users and not for the accuracy of the information and user content that users provide on their own responsibility in their advertisements on Nomady. Please notify us immediately if you come across information and user content that is not correct so that we can admonish the offending user and, if necessary, ban him from Nomady.
34.3 Furthermore, Nomady is not liable for a defect-free camping experience. If this does not correspond to the information in the advertisement on Nomady or otherwise to your expectations, then you have to address your possible warranty or liability claims exclusively to your host.
34.4 Conversely, Nomady is not liable for the actions or omissions of campers that they make or do not make in connection with the implementation of the camping contract. In particular, Nomady is not liable for damage caused by campers.
34.5 Nomady is not liable for any form of levies, fees, taxes, duties, etc.; you may owe that. It is the sole responsibility of the host to determine whether such fees, taxes, etc. may be owed, and we recommend that you do so before advertising your campsite on Nomady.
34.6 Nomady is also not liable for any permits, registrations, registrations, etc., that hosts have to obtain from authorities before they are allowed to rent camping facilities.
35.1 Now you know the conditions. If you violate them, you will be liable for damages to us and third parties. More precisely:
35.2 In the event of contractual or illegal use of the user account, you must fully indemnify Nomady. In particular, you must compensate Nomady for all damages resulting from the improper use of your user account, in particular, but not limited to, compensation for damages that Nomady must pay to third parties, attorney's fees and court costs, fines and fees, etc.
35.3 In case of contractual or illegal use of the platform or non-compliance with these GTC or the Nomady Pact by you, Nomady is entitled to delete your user account without prior warning from Nomady. The liability of Nomady for any damage or loss of data caused by this is excluded. There is no right to restore the deleted user account. Once excluded, you may not open a new user account using other login data.
35.5 You agree to pay all attorney's fees, court costs, and any party indemnification costs that may be incurred in a lawsuit to defend the claims asserted against Nomady. You will be liable to us in the same manner even if we lose the lawsuit. We reserve the right to give you notice of the dispute in any lawsuit.
36.1 Legally binding is the detailed contract text in this right column of the GTC. Only in the interest of a quick overview and user-friendliness are the short summaries in the titles and the left column of these GTC. In the event of any discrepancies, the detailed contract text in this right-hand column shall take precedence over the short text or the titles.
38.1 Nomady reserves the right to change these terms and conditions or other provisions, such as the fee schedule, at any time. In this case, you will be informed by email in due time before the new terms come into effect. If you disagree with the new terms, you must notify us or delete your user account. If you do not do so, you will be deemed to have accepted the new terms when they come into force. You will be informed about these possibilities in our email.
39.1 This absurdity means nothing else than that if one of the provisions of these GTC cannot be applied for legal reasons, it shall be replaced with a provision that comes as close as possible to it. The validity of the contract of use and the remaining provisions of these GTC shall not be called into question by the invalidity of one or more clauses.
40.1 The place of jurisdiction for all disputes arising from this user contract is exclusively at the registered office of Nomady. Swiss law is exclusively applicable, subject to the exclusion of the conflict of laws and the Vienna Sales Convention.
41.1 We love to hear from our users and are always interested in ways to improve Nomady further. If you submit comments, ideas, or feedback, we are entitled to use them without restriction or compensation.