Indie Campers Group Platform T&C's

1. Presentation of the Indie Campers Platform

These Terms and Conditions define the conditions of use of the Indie Campers website (hereinafter the “Platform”) and the relationships established between us and the Users of the Platform.

For the purposes of these Terms and Conditions, “we”, “us” or “Indie Campers” refers to the Indie Campers Group, which operates the brands Indie Campers, Bunk Campers and Just Go (the latter two specifically in the UK and Ireland), and “you” or “User” refers to any person that accesses or uses the Platform.

By accessing or using the Platform, you agree, without exception, to be bound by these Terms and Conditions.

These Platform Terms and Conditions apply to all Users of the Platform services.

2. Third Party Translation Software

For your convenience, the Platform may use translation software powered by third-party providers. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a free service to Users of the Platform, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images or videos) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, refer to the English version of the website, which is the official version.

3. Electronic Communications

Each time you interact with the Platform or send an email, text message (SMS), or other communication from your computer or mobile device, you are communicating with us electronically. We will contact you electronically by various means, such as email, text messages (SMS), in-app notifications, or by posting messages or email communications on the website or through any licensed product of the Platform. For the purposes of these Terms and Conditions, you agree that all contacts, notices and other notifications and communications that we send to you by electronic means satisfy any requirement in writing, unless any mandatory applicable law requires a different form of communication.

4. Platform Activities – Breakdown of All Fields of Operation

4.1 Rental of Vehicles: We offer a wide range of vehicles for rent. This service is available directly through our own fleet, as well as through a peer-to-peer model where third-party vehicle owners (“Hosts”) can list their vehicles for rent on the Platform. This dual approach allows for a diverse selection of vehicles to meet different customer needs and preferences.

4.2 Sale of Owned Vehicles: In addition to renting vehicles, we also sell our owned vehicles. This typically involves selling vehicles from our rental fleet that are being retired or replaced, providing customers with the opportunity to purchase well-maintained and fully-equipped campervans at competitive prices.

5. Platform Users Registration

5.1 The Platform consists of a public area and a private area, which can be accessed in different ways and with different restrictions:

5.1.1 The public area allows access to the Platform and its use as an unidentified User, benefiting from certain services and features provided by the Platform.

5.1.2 The private area is accessible after identification and registration of the User. This identification requires the prior creation of a profile.

5.2 Upon successful registration in the private area of the Platform, you will be able to access various features, including, but not limited to:

5.2.1 Booking with the Indie Campers Fleet (1P) or with a Third-Party Provider (“Host”), available on the Platform. In this case, you will additionally acquire the status of “Traveller”.

5.2.2 Access to user-only rates (“User Rate”). The User Rate is a discounted rate, not to be shared or reassigned, offered by us exclusively to registered Users for certain products and services.

5.2.3 Access to user-only promotional codes and promotions (“Promotions”). The terms governing the use and sharing of these Promotions are provided with each promotion or at the time of issuance.

5.2.4 Access to special travel opportunities, Indie Specials. Indie Specials are discounted trips, with pre-defined pick-up and drop-off locations and specific timelines, offered exclusively by us to registered Users.

5.2.5 Register a Vehicle(s) on the Platform and place listings for Travellers, either as a primary activity (Professional Host) or as a secondary activity (Private Host). If you list your vehicle, you will additionally acquire the status of “Host”.

5.2.6 Sell a Vehicle(s) on the Platform and advertise it to potential Buyers. If you advertise your vehicle for sale, you will additionally acquire the status of “Seller”.

5.2.7 Buy a Vehicle(s) on the Platform. If you use the Platform to acquire a vehicle, you will additionally acquire the status of “Buyer”.

6. Scope of Application / Roadmap of Terms and Conditions

6.1 These Platform Terms and Conditions apply to all Users of the Platform, including but not limited to Travellers, Hosts, Buyers, and Sellers. They also apply to all transactions and interactions made through the Platform.

6.2 Our Terms and Conditions are divided as follows:

6.2.1 Platform Terms and Conditions. These terms are the starting point of your journey with Indie Campers. These terms are a comprehensive set of rules, guidelines, and obligations that govern the use of the Platform. These terms define the relationship between us and the Users, including but not limited to the use of services, user responsibilities, and the legal framework under which the Platform operates. The Platform Terms and Conditions cover all interactions, transactions, and engagements on the Platform, ensuring clear and consistent standards for all Users. These terms are always applicable to you and are cumulative with the specific terms and conditions identified below.

6.2.2 Rental Agreements. A specific contract between us and you (as the Traveller) detailing the terms and conditions of renting a vehicle from the Indie Campers fleet. The Rental Agreement governs the entire rental journey, including booking (cancellation policy, protection plans, payment methods, fees and security deposit), pre-trip (booking changes and mandatory online check-in), pick-up, on-trip (use of the vehicle and ancillary products and roadside assistance), drop-off (including damages assessment), the account closing process and post-trip matters (including complaints and dispute resolution). Regional versions of the Rental Agreement apply depending on the rental region (Europe, North America, or Asia-Pacific). The Rental Agreement ensures both parties understand their rights and obligations before, during and after the rental period. These Terms and Conditions are cumulative with the Platform Terms and Conditions.

6.2.3 Indie Campers Peer-to-Peer T&Cs. A specific contract between us, Travellers and Hosts detailing the terms and conditions of renting a vehicle from a Host and the interaction between the three parties. These Terms and Conditions cover all aspects of the rental process with a Third-Party Provider, including booking and payment, vehicle listing and management, pick-up and drop-off procedures, vehicle use, responsibilities of authorized drivers, host and traveller duties, protection services, reimbursement of expenses, cancellation and refund policies, liability, indemnification, dispute resolution, jurisdiction, and complaint handling. They ensure clear understanding of rights and obligations among Indie Campers, Hosts, and Travellers, and are cumulative with the Platform Terms and Conditions.

6.2.4 T&Cs for Vehicle Reservation and Future Purchase in Europe + UK. These Terms & Conditions outline an agreement between us (as the Seller) and the person interested in buying (natural or legal) (the “Buyer”). They cover the scope of the agreement, the roles and responsibilities of both parties, notification procedures, and the reservation process, including the reservation fee, vehicle selection, and purchase. The terms detail the price, payment methods, and financing options available, as well as the procedures for vehicle collection, warranty, handling defects, and ownership transfer. These terms are cumulative with the Platform Terms and Conditions.

6.3 You should ensure that you are familiar with the structure of these Terms and Conditions to understand your rights and obligations clearly.

6.4 In the event of any conflict or inconsistency between these Platform Terms and Conditions and the specific terms and conditions applicable to a given service (including the Rental Agreements, the Indie Campers Peer-to-Peer T&Cs and the T&Cs for Vehicle Reservation and Future Purchase in Europe + UK), the specific terms and conditions shall prevail with respect to that service.

7. Business Locations

We operate our rental and sale activities in multiple countries. Some services are available in all countries, while others are not.

8. Vehicle Selection

8.1 Vehicles for Renting

8.1.1 When searching and booking a vehicle on the Platform, you can follow these steps:

1. Access the Search Page: Visit the Platform search page.
2. Enter Search Criteria: Input the desired pick-up and drop-off locations, along with the rental dates. For example, select “Marseille” as the pick-up and drop-off location, and choose the desired rental period.
3. Browse Available Vehicles: A list of available vehicles will be displayed based on the entered criteria.

8.1.2 Vehicle Options:

1. Indie Campers Fleet: Vehicles marked with the Indie Campers logo or label. These vehicles are owned and managed directly by us.
2. Third-Party Provider: Vehicles not marked as being provided by Indie Campers. These vehicles will not have the Indie Campers logo and may be marked with the Host’s details, Host Classification and other distinguishing elements.

8.1.3 Select a Vehicle: Click on a vehicle to view its details, including features, photos, pricing, and availability.

8.1.4 Book the Vehicle: Follow the prompts to complete the booking process, including entering personal information, selecting additional services or protection plans, and making the payment.

8.2 RV Sales

8.2.1 When searching for RVs for sale on the Platform, you can follow these steps:

1. Access the “Buy a Campervan” section of the Platform.
2. Choose the country where you wish to purchase an RV.
3. Browse Available RVs: A list of available models and model years will be displayed.
4. Select the desired model and model year. If multiple mileage ranges are available, choose the one that fits your preference.

8.2.2 Reserve an RV:

1. Proceed to reserve an RV that matches your selection criteria, including model, first registration year, mileage range, and price.
2. Payment of the reservation amount is done online and payment methods may vary depending on the selected country.
3. Arrange Viewing: We will contact you to arrange a viewing and inform you of the sales process, including the anticipated delivery timing.

8.2.3 Complete the Purchase: Once you decide to proceed with the purchase, it is finalized by completing the purchase contract and submission of full payment.

8.2.4 One of our agents will guide you through the entire process.

9. Vehicle Availability

9.1 General Availability: Vehicle availability is subject to change and is not guaranteed until the booking is confirmed. We update the vehicle listings regularly to reflect the current availability.

9.2 Indie Campers Fleet (1P): Vehicles from the Indie Campers fleet are maintained and managed directly by us. Availability is based on the fleet’s current inventory and scheduled maintenance.

9.3 Third-Party Providers (3P): Vehicles offered by third-party providers are listed on the Peer-to-Peer Marketplace based on information provided by the Hosts. We do not guarantee the availability of third-party vehicles and advise you to confirm details directly with the Host.

9.4 Indie Campers Fleet Vehicles for Sale (RV Sales): We regularly expand and renew our fleet by adding new vehicles and updating a portion of our existing inventory. We offer these vehicles for sale to both individuals and corporate entities. Each vehicle undergoes a compliance process before it is listed for sale. The availability dates for each vehicle may vary. For detailed information regarding the availability of specific vehicles, please visit: https://indiecampers.com/motorhome-for-sale.

10. Payments

10.1 Payment Providers: We partner with various payment providers to facilitate transactions on the Platform. Accepted payment methods include credit cards, debit cards, and other electronic payment systems as specified on the Platform.

10.2 Payment Processing: Transactions on the Platform are processed securely by Stripe. Stripe Technology Europe, Limited (STEL) is authorised as an electronic money institution and regulated by the Central Bank of Ireland (reference number: C187865). We cannot be held liable for payments made directly between Users. We only guarantee the security of payments made through our partner Stripe.

11. Guiding Principles

11.1 Compliance with Laws: You and we must comply with applicable laws and regulations. This includes traffic laws, rental laws, and any other relevant legal requirements.

11.2 Respectful Behavior: All interactions between Users must be conducted with respect and professionalism. Discriminatory, abusive, or offensive behavior will not be tolerated.

11.3 Accurate Information: You must provide accurate and truthful information during the registration, booking, and transaction processes. This includes personal details, vehicle information, and payment details.

11.4 Timely Communication: Effective and timely communication is essential. You should respond promptly to inquiries, notifications, and any issues that arise during the rental or transaction period.

11.5 Payment of Fees: All applicable fees, including rental fees, security deposits, and any additional charges, must be paid on time. You are responsible for ensuring you have sufficient funds or credit availability.

11.6 Use of Platform: The Platform must be used in accordance with its intended purpose. Any misuse, fraudulent activity, or violation of these Terms and Conditions may result in termination of your account and potential legal action.

12. Disputes

You can always contact us through customer support or by email via the available contacts on the Platform.

12.1 Hosts and the Platform: In the event of a dispute between a Host and us, the Host should contact us at: rentmyrv@indiecampers.com.

12.2 Disputes between Hosts and Travellers (Peer-to-Peer): In the event of a dispute between a Host and a Traveller in the Peer-to-Peer Marketplace, both commit to act in accordance with the Indie Campers Peer-to-Peer T&Cs. We provide a mediation service for complaints, aiming for a fair and prompt resolution. Parties are encouraged to resolve complaints through the Platform before seeking external resolution.

12.3 Travellers and Indie Campers Fleet Rental: In the event of a dispute between a Traveller and us regarding a rental with the Indie Campers fleet, the Traveller should follow the procedure set out in the clause “Complaints and Dispute Resolution” of the Rental Agreement and may contact us at: https://help.indiecampers.com/hc/en-us/requests/new.

12.4 Buyers and Indie Campers: In the event of a dispute between a Buyer and us, the Buyer should contact us at: rvsales@indiecampers.com.

13. Encouragement of Resolution Through Consumer Agencies

13.1 We encourage all Users to seek resolution of disputes through the consumer protection agencies available in their respective countries before proceeding to binding arbitration. We believe that many issues can be resolved efficiently and amicably through these agencies, which offer resources and support for consumer rights and dispute resolution.

13.2 For your convenience, here are links to the relevant consumer protection agencies in various regions:

1. Europe: You may resort to the alternative dispute resolution (ADR) entities and consumer protection authorities available in your country of residence, or to the European Consumer Centres Network (ECC-Net).
2. USA: The Better Business Bureau (BBB) Online Complaint System is available at https://www.bbb.org/file-a-complaint, and the Federal Trade Commission (FTC) Complaint Assistant can be accessed at https://reportfraud.ftc.gov/.
3. Canada: The Canadian Consumer Handbook and the Office of Consumer Affairs offer resources and can be accessed here: https://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/h_ca02349.html.
4. Australia: The Australian Competition and Consumer Commission (ACCC) provides guidance on consumer rights and dispute resolution at https://www.accc.gov.au/consumer-rights.
5. New Zealand: The New Zealand Consumer Affairs website offers support for consumer issues and can be found at https://www.consumerprotection.govt.nz/.

13.3 While we encourage this step, please note that if a resolution cannot be reached through these agencies, Users still have the option to proceed with binding arbitration as outlined in our Binding Arbitration/ADR Clause and Class Lawsuit Waiver, where applicable.

14. Binding Arbitration/ADR Clause and Class Lawsuit Waiver

14.1 Agreement to Arbitrate: By using the Platform or any services provided by us, all Users, including Travellers, Hosts, and third parties, agree to resolve any and all disputes, claims, or controversies arising out of or relating to the use of the Platform, services, or these Terms and Conditions exclusively through binding arbitration or alternative dispute resolution (ADR), rather than through the courts, to the fullest extent permitted by applicable law.

This clause applies only to the extent permitted by applicable mandatory law. If you are a consumer habitually resident in the European Union or the United Kingdom, nothing in this clause deprives you of the protection afforded by the mandatory consumer protection provisions of the law of your country of residence, nor of your right to bring proceedings before the competent courts of that country. For such consumers, arbitration is voluntary and shall only be binding if agreed to after the dispute has arisen.

14.2 Scope of Arbitration Agreement: This agreement to arbitrate includes, but is not limited to:

1. Claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
2. Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising).
3. Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.
4. Claims that may arise after the termination of your use of the Platform or services.

14.3 Arbitration Procedure: The arbitration will be conducted by a neutral arbitrator under the rules of a recognized arbitration organization mutually agreed upon by the parties. If the parties cannot agree on an arbitration organization, the arbitration will be conducted under the rules of the International Chamber of Commerce (ICC) or any other mutually agreed-upon body.

1. Initiation of Arbitration: To initiate arbitration, you must send a letter requesting arbitration and describing your claim to our registered address.
2. Arbitration Fees: The payment of these fees will be governed by the arbitration organization’s rules.
3. Arbitration Location: The arbitration will be conducted in a mutually agreed location. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

14.4 Class Action Waiver: You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

14.5 Opt-Out Procedure: You can reject this arbitration agreement by mailing us a written opt-out notice within 30 days of first accepting these Platform Terms and Conditions. The opt-out notice must include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration. This opt-out procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, all other parts of these Terms and Conditions will continue to apply to you.

14.6 Governing Law: This Arbitration Agreement shall be governed by the applicable laws and regulations below:

1. Europe. Arbitration Procedure: The arbitration will be conducted under the rules of the International Chamber of Commerce (ICC) or any other European arbitration body mutually agreed upon by the parties. Governing Law: This Arbitration Agreement shall be governed by the laws of the country where the User resides, in accordance with European Union regulations.
2. USA. Arbitration Procedure: The arbitration will be conducted under the rules of a recognized arbitration organization mutually agreed upon by the parties. Governing Law: This Arbitration Agreement shall be governed by the Federal Arbitration Act and the laws of the state of your residence.
3. Canada. Arbitration Procedure: The arbitration will be conducted under the rules of the ADR Institute of Canada, Inc. (ADRIC) or any other Canadian arbitration body mutually agreed upon by the parties. Governing Law: This Arbitration Agreement shall be governed by the laws of the province or territory of your residence.
4. Australia. Arbitration Procedure: The arbitration will be conducted under the rules of the Australian Centre for International Commercial Arbitration (ACICA) or any other Australian arbitration body mutually agreed upon by the parties. Governing Law: This Arbitration Agreement shall be governed by the laws of Australia.
5. New Zealand. Arbitration Procedure: The arbitration will be conducted under the rules of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) or any other New Zealand arbitration body mutually agreed upon by the parties. Governing Law: This Arbitration Agreement shall be governed by the laws of New Zealand.

15. Data Protection and Processing

15.1 Europe – GDPR: The collection, use, and storage of personal data in Europe are governed by the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). We process your personal data lawfully, primarily for the performance of a contract or based on your consent where applicable. You have the right to access, rectify, delete, or restrict the processing of your data, among other rights. For further information, including details on how your data may be processed, stored, or transferred, please refer to our full Privacy Policy or contact us at privacy@indiecampers.com.

15.2 North America: In North America, we process personal data in accordance with applicable U.S. federal and state privacy laws, including the California Consumer Privacy Act (CCPA), as well as Canadian privacy legislation. Indie Campers Canada, Inc. is located in a country deemed to have adequate protection under EU rules. For more information about our practices and your rights, please consult our full Privacy Policy or reach out to privacy@indiecampers.com.

15.3 Oceania:

1. Australia. We process personal information in Australia in compliance with the Privacy Act 1988 and the Australian Privacy Principles (APPs). This includes processing for service provision, marketing (with consent), legal obligations, and data security. For more details on how your data is handled, see our full Privacy Policy or contact privacy@indiecampers.com.
2. New Zealand. In New Zealand, Indie Campers New Zealand Limited processes data under the Privacy Act 2020, ensuring lawful collection, use, and disclosure of personal information. New Zealand is recognized by the EU as offering adequate protection. For complete details about our data handling practices in New Zealand, please consult our full Privacy Policy or contact privacy@indiecampers.com.

16. Modifications to the Website and Terms & Conditions

16.1 We reserve the right to modify these Terms and Conditions at any time. You will be notified of such changes.

16.2 In exceptional circumstances, we may grant exceptions to the strict application of these Terms and Conditions or apply them in a manner more favourable to you, to the extent necessary to protect the legitimate interests of both parties. Any such exception shall not constitute a waiver of our rights, nor a precedent for future situations.