General Terms of Service

CampOne GmbH, Grondia

1. Scope, provider and conclusion of the contract

1.1 These General Terms govern all software services, hosting services, professional services and other services (together, the “Services”) that CampOne GmbH, c/o Christoph Tonini, Habüelstrasse 112, 8704 Herrliberg, Switzerland, UID CHE-134.912.193, registered in the Commercial Register of the Canton of Zurich (“Grondia”), provides to its customers.

1.2 Grondia is a brand of CampOne GmbH. Wherever the Services, the Documentation, invoices or any communication refer to “Grondia”, this means Grondia. Grondia is the sole contracting party of the Customer for all Services offered under the Grondia name, including Grondia PMS, the Grondia booking engine, Grondia websites, Grondia POS, the Grondia self check-in kiosk, Grondia Pay and the Grondia channel manager.

1.3 The Services are offered exclusively to businesses, in particular to companies and associations that operate campgrounds, holiday parks and similar accommodation businesses. By signing an Order Form, the Customer confirms that it acts in the course of its trade, business or professional activity (including the non-profit activity of an association) and not as a consumer.

1.4 The Order Form is Grondia’s offer. Grondia issues it with the approval of its authorised representatives, as stated in the Order Form, and the offer remains open for acceptance until the deadline stated in it. The contract is concluded when the Customer signs the Order Form within that acceptance period; a signature under section 29.2 is sufficient. Grondia confirms the conclusion of the contract by email. Changes that the Customer makes to the Order Form are a new offer and bind Grondia only if Grondia confirms them in writing. Other offers, price lists and material from Grondia are not binding offers. Grondia does not offer self-service sign-up.

1.5 General terms and conditions, purchasing conditions or similar terms of the Customer (including terms printed on purchase orders or in supplier portals) do not apply, even if the Customer refers to them, Grondia does not object to them or Grondia performs without reservation. They apply only if and to the extent Grondia expressly accepts them in writing.

1.6 Transition for existing customers. Customers whose order forms incorporate Grondia’s general terms in version 2.0 remain under those terms until they move to these General Terms, either through the amendment procedure in section 20 of those terms or by an amendment under section 29.1.

1.7 Transition for customers on version 3.0. Customers whose order forms incorporate these General Terms in version 3.0 remain under that version until they move to version 3.1, either through the amendment procedure in section 23 of version 3.0 or by an amendment under section 29.1. A move through section 23 does not change the term of their contract.

2. Definitions

In these General Terms, the following terms have the following meanings:

• “Agreement” means the Order Form together with all documents incorporated into it under section 3.
• “AI Features” means functions of the Services that use machine-learning or large-language-model technology to generate text, suggestions, answers, classifications or actions, as described in section 15.
• “Authorised Users” means the Customer’s employees, board members, volunteers and contractors whom the Customer authorises to use the Services through personal user accounts.
• “Booking Pages” means the booking engine pages, widgets and payment pages that the Services display to Guests on behalf of the Customer.
• “Business Day” has the meaning given in section 27.2.
• “Channel” means an online travel agency, booking portal, destination management system, meta-search engine or other third-party distribution channel to which the Customer connects through the channel manager module, directly or through an intermediary channel manager provider.
• “Contract Year” means each period of 12 months starting on the Start Date or on an anniversary of the Start Date.
• “Current Term” means the Initial Term or the Renewal Term that is running at the relevant time.
• “Customer” means the business named as customer in the Order Form.
• “Customer Content” means all text, images, videos, logos, trade marks, prices, terms, descriptions and other material that the Customer or its Authorised Users upload to, enter into or publish through the Services, including the content of Hosted Websites and Booking Pages.
• “Customer Data” means all data, including Personal Data and Guest Data, that the Customer, its Authorised Users or its Guests enter into the Services or that the Services generate for the Customer from such data, including bookings, guest records, invoices, payment metadata, registration records and Customer Content. Customer Data does not include Usage Data.
• “Documentation” means the current product descriptions, help centre articles and user guides for the Services that Grondia makes available to the Customer.
• “DPA” means Grondia’s Data Processing Agreement (Auftragsverarbeitungsvertrag), including its annexes.
• “EU Customer” means a Customer that has its registered office in, or uses the Services for a campground located in, a member state of the European Union or of the European Economic Area. The same definition applies in the DPA, the Exit Annex and the Hardware Terms.
• “Exit Annex” means Grondia’s Exit and Switching Annex.
• “Fees” means all amounts payable by the Customer under the Agreement, including subscription fees, set-up fees, fees for professional services and hardware, and any commission under the Payments Addendum.
• “Guest” means any natural person who books, stays at, buys from or otherwise deals with the Customer, or who visits a Hosted Website or Booking Page.
• “Guest Data” means Personal Data of Guests processed through the Services.
• “Hardware Terms” means Grondia’s Hardware Sale and Rental Terms.
• “Hosted Website” means a website of the Customer that Grondia builds, hosts or operates as part of the Services, including on the Customer’s own domain.
• “Order Form” means the order form (Auftragsbestätigung) that Grondia issues as its offer and that refers to these General Terms, once the Customer has accepted it under section 1.4, and any later order form or amendment agreed under section 29.1.
• “Payments Addendum” means the separate addendum for payment services described in section 14.
• “Personal Data” means any information relating to an identified or identifiable natural person.
• “Policies” means Grondia’s Support Policy, its Acceptable Use Policy and any other policy that the Order Form or these General Terms incorporate by reference.
• “Season” means the period from 1 April to 31 October (both days included) of each calendar year.
• “SLA” means Grondia’s Service Level Agreement, if agreed in the Order Form.
• “Start Date” means the date stated as start date in the Order Form or, if none is stated, the date on which the Agreement is concluded under section 1.4.
• “Subscription Term” means the Initial Term together with all Renewal Terms under section 9.
• “Third-Party Service” means any product, service, network or platform that is not provided by Grondia, including Channels, payment networks, accounting and fiscal signing services, access control systems, and the Customer’s own systems.
• “Usage Data” means technical and statistical data about the use and performance of the Services (for example log data, error reports, feature usage counts) that do not identify the Customer’s Guests.
• “Written” or “in writing” includes email, unless these General Terms expressly require a signed document. Where the Agreement requires a signed document or written form, a signature through DocuSign or a comparable electronic signature service is sufficient (section 29.2).

3. Contract documents and order of precedence

3.1 The Agreement consists of the following documents. If they conflict, they apply in this order of precedence:

(a) the Order Form, including its special agreements, but only where it expressly deviates from another document;

(b) the DPA, for data protection matters;

(c) the Exit Annex, for exit and switching matters (Part A for all Customers, Part B for EU Customers);

(d) the SLA, if agreed;

(e) these General Terms; and

(f) the Policies.

3.2 The Hardware Terms, a statement of work for professional services and Grondia’s Pilot and Beta Terms form part of the Agreement where the Order Form or these General Terms refer to them. Each of them prevails over these General Terms only for the matters it specifically governs (hardware; the professional services described in the statement of work; pilot and beta functions). Payment services are governed by the Payments Addendum under section 14.

3.3 Mandatory provisions of applicable law, in particular the EU Data Act for EU Customers, prevail over any contractual provision that is inconsistent with them.

3.4 The Agreement is the entire agreement between the parties on its subject matter and replaces all earlier offers, proposals and agreements on that subject matter.

4. Services

4.1 General. Grondia provides the Services as cloud-based software services over the internet (“software as a service”) together with the hosting, support and professional services stated in the Order Form. Grondia provides the modules that the Order Form lists. The functions of each module are described in the Documentation as current on the Start Date and as further developed under section 22.

4.2 Modules. Depending on the Order Form, the Services may include the following modules:

(a) Property management system (PMS). Management of pitches, accommodation units and other resources, availability, rates, bookings, guest records, invoicing to Guests, reporting, tasks and staff accounts.

(b) Booking engine. Booking Pages and widgets through which Guests can check availability, book and pay online, displayed on the Customer’s own website, on a Hosted Website or on a domain provided by Grondia.

(c) Websites and hosting. Design, build, hosting and operation of Hosted Websites, including content management functions, as specified in the Order Form or a statement of work. Section 12 applies to all Hosted Websites.

(d) Point of sale (POS). Software for sales at the Customer’s reception, shop, restaurant or other outlets, including receipt printing and, where the Customer’s jurisdiction requires it and the Order Form includes it, connection to a third-party fiscal signing service (for example for Germany or Austria). The Customer remains responsible for registering, operating and reporting its cash registers in accordance with the fiscal rules that apply to it.

(e) Self check-in kiosk. Software for unattended check-in and check-out on terminals at the campground, which may read identity documents and keep only the data fields extracted from them as configured by the Customer. Terminals supplied by Grondia are governed by the Hardware Terms.

(f) Guest registration and authority reporting. Tools that help the Customer collect guest registration data and prepare or transmit reports to authorities and bodies, such as police or residence registration, tourist tax and statistics reporting, where available for the Customer’s jurisdiction.

(g) Channel manager. Synchronisation of availability, rates and restrictions with Channels and import of Channel bookings, directly or through third-party channel manager providers. Section 13 applies.

(h) Grondia Pay. Software through which the Customer uses payment services for payments by its Guests. Grondia Pay is available only under section 14.

(i) AI Features. Optional functions described in section 15.

4.3 Professional services. Onboarding, data migration, training, website builds and custom development are provided only to the extent described in the Order Form or in a statement of work. Unless the Order Form or statement of work states otherwise, professional services are provided as services with due care (not as a work with a guaranteed result) and are charged as stated in the Order Form. Where a statement of work provides for acceptance, the acceptance procedure in that statement of work applies.

4.4 Support and availability. Grondia provides support in accordance with the Support Policy. Where the SLA is agreed, Grondia provides the Services with the availability and service credits set out in the SLA. Where no Service Level Agreement is agreed, Grondia provides the Services with the care customary in the industry and makes no availability commitment. Scheduled maintenance is announced at least 48 hours in advance and placed outside 1 April to 31 October where possible. Availability failures entitle the Customer to no service credits; because of availability failures, the Customer may terminate for good cause only if the monthly availability of the core platform (PMS and booking engine) falls below 95 per cent in three consecutive months. Liability for availability failures is limited by section 17.

4.5 Pilots and beta functions. Functions that Grondia designates as “pilot”, “beta”, “preview” or similar are provided under Grondia’s Pilot and Beta Terms. They are not subject to the SLA, even if the SLA is agreed, and may be changed or withdrawn at any time.

4.6 Subcontractors. Grondia may use subcontractors and cloud service providers to provide the Services. Grondia remains responsible for the performance of its obligations under the Agreement. Sub-processors of Personal Data are governed by the DPA.

4.7 No other obligations. Grondia does not owe any services, functions or results not described in the Agreement. Grondia does not provide legal, tax, accounting or regulatory advice. Templates, default settings and compliance functions provided by Grondia (for example sample guest terms, privacy notice templates, tax rate tables or registration forms) are aids; the Customer decides whether and how to use them.

5. Customer responsibilities

5.1 Contract with Guests and merchant of record. The Customer is the sole contracting party of its Guests for all accommodation, goods and services that it offers through the Services. The Customer is the merchant of record for all payments by Guests, including payments processed through Grondia Pay. Grondia is not a party to any contract between the Customer and a Guest and does not act as agent or intermediary of either of them.

5.2 Guest terms. The Customer sets its own booking terms, cancellation and no-show policies, house rules, deposit and payment terms for Guests, and is responsible for ensuring that they are lawful, are properly presented to Guests before booking and are applied correctly. Grondia may provide a template for guest terms, which the Customer must review and adapt before use.

5.3 Prices and price display. The Customer is responsible for all prices, fees, taxes, tourist taxes, deposits and other amounts that it configures and that the Services display to Guests, and for compliance with the price indication, consumer protection and booking-process rules that apply in the countries where it offers its services (for example rules on displaying total prices including mandatory fees and taxes). The Customer checks the configuration of its Booking Pages before go-live and after each change it makes.

5.4 Data protection. The Customer is the controller of Guest Data and of the Personal Data of its staff and other persons that it processes through the Services. The Customer is responsible for having a lawful basis for that processing, for providing privacy notices to Guests and staff (Grondia may provide a template), for obtaining any consent that is required (including for cookies and similar technologies on Hosted Websites and Booking Pages, as configured by the Customer), and for responding to requests from data subjects. Grondia assists the Customer as set out in the DPA.

5.5 Guest registration and authority reporting. The Customer is responsible for determining which registration, identity verification, reporting, statistics and tourist tax obligations apply to it, for the correctness and completeness of the data it collects and reports, and for timely submission to the competent authorities. Where the Services transmit reports automatically, the Customer checks the configuration and the confirmations of receipt. Grondia is not liable for fines or other consequences of incorrect or late reporting unless they are caused by a breach of Grondia’s obligations under the Agreement, in which case section 17 applies.

5.6 Tax duties. The Customer is responsible for all taxes and duties relating to its own business, including value added tax on its sales to Guests, tourist and visitor taxes, the correct use of tax rates configured in the Services, the issuing of compliant invoices and receipts to Guests, fiscal cash register requirements and the retention of its accounting records. The Services store invoices and receipts for the Subscription Term and the export periods set out in section 10; the Customer is responsible for retaining its records for any longer statutory retention periods.

5.7 Accessibility. Where the Customer offers services to consumers through Booking Pages or Hosted Websites, the Customer is responsible for the accessibility of the Customer Content and for any accessibility statement that applies to it. Grondia aims for its standard Booking Pages to meet the Web Content Accessibility Guidelines (WCAG) 2.1 at level AA.

5.8 Accounts and Authorised Users. The Customer ensures that each Authorised User has a personal account, keeps credentials confidential, uses multi-factor authentication where the Services offer it, and that access rights are removed without delay when an Authorised User leaves. The Customer is responsible for all acts and omissions of its Authorised Users as for its own. The Customer informs Grondia without undue delay if it suspects unauthorised use of its accounts.

5.9 Cooperation. The Customer provides the information, data, access, decisions and approvals that Grondia reasonably needs to provide the Services, in particular for onboarding, data migration and website builds, and names a contact person with authority to take decisions. Delays caused by missing cooperation postpone Grondia’s dates accordingly and may be charged at the rates in the Order Form if they cause additional effort.

5.10 Technical requirements. The Customer provides at its own cost the internet access, devices, browsers and local network that meet the technical requirements stated in the Documentation.

5.11 Lawful use. The Customer uses the Services only in accordance with the Agreement, the Documentation, the Acceptable Use Policy and applicable law.

6. Authority to sign (companies and associations)

6.1 Each person who signs an Order Form for the Customer confirms that he or she is authorised to bind the Customer to the Agreement, for its full term and Fees, under the Customer’s entry in the commercial register (including any requirement of joint signature by two persons), its articles of association or statutes, or a valid resolution of its competent body.

6.2 Where the Customer is an association (Verein), cooperative, foundation or public body, the signatories in addition confirm that every internal approval required by its statutes or rules (for example a resolution of the board or of the general assembly for contracts of this value or duration) has been obtained before signature.

6.3 On request, the Customer provides Grondia with evidence of the signatories’ authority, for example a current commercial register extract, the statutes and the relevant resolution.

6.4 If a person signs without sufficient authority, statutory liability of that person remains unaffected. The Customer informs Grondia in writing without undue delay of any change of the persons authorised to represent it in relation to the Agreement.

7. Fees, invoicing and payment

7.1 Fees. The Customer pays the Fees stated in the Order Form. Unless the Order Form states otherwise, Fees are stated in Swiss francs (CHF).

7.2 Invoicing. Unless the Order Form states otherwise: (a) set-up and onboarding fees are invoiced on conclusion of the Agreement; (b) recurring subscription fees are invoiced in advance for the billing period stated in the Order Form (monthly or annually), starting on the Start Date; (c) usage-based fees and professional services charged on a time and materials basis are invoiced monthly in arrears; and (d) hardware is invoiced as set out in the Hardware Terms. Any commission under the Payments Addendum is collected as set out there and is not invoiced separately unless the Payments Addendum provides otherwise.

7.3 Payment terms. Invoices are due for payment within 30 days of the invoice date, without deduction, by bank transfer to the account stated on the invoice (including QR-bill). The Customer may set off claims against Fees only if its claim is undisputed or confirmed by a final court decision.

7.4 Late payment. If the Customer does not pay an invoice by the due date, it is in default without a further reminder and owes default interest at the statutory rate. Grondia may suspend the Services under section 21.

7.5 Disputed invoices. The Customer notifies Grondia in writing of any objection to an invoice within 30 days of the invoice date, giving reasons. The Customer pays the undisputed part of the invoice by the due date. Invoices to which the Customer has not objected in time are deemed accepted, unless the error could not reasonably have been discovered.

7.6 Taxes. All Fees are stated exclusive of value added tax and other taxes. Grondia is not registered for Swiss value added tax on the date of these General Terms. If Grondia becomes liable to account for value added tax or a comparable tax on the Services, Grondia adds that tax at the applicable statutory rate to the Fees for supplies made from that date and informs the Customer in writing in advance; this is not a price increase under section 8. Where the reverse-charge mechanism applies, the Customer accounts for the tax and provides its VAT identification number. If the Customer is required by law to withhold any tax from a payment, it pays such additional amount that Grondia receives the full invoiced amount.

7.7 Expenses. Travel and accommodation expenses for on-site work are charged only if the Order Form provides for them.

8. In-season fee freeze and price changes

8.1 In-season fee freeze. Grondia does not increase any Fee with effect during the Season. No price increase, whether under this section 8, under the Order Form or under any Policy, takes effect between 1 April and 31 October of any year. This freeze applies to all recurring Fees, including any commission under the Payments Addendum. It does not apply to (a) Fees for additional modules, users, sites, pitches or services that the Customer orders during the Season at the prices agreed for them, (b) usage-based Fees that change because the Customer’s usage changes at unchanged rates, and (c) value added tax under section 7.6.

8.2 Fixed prices during the Initial Term. The Fees stated in the Order Form are fixed for the Initial Term.

8.3 Price changes. Grondia may change the Fees with effect from the start of a Renewal Term or from another date outside the Season after the end of the Initial Term. If the start of a Renewal Term falls within the Season, a price change takes effect on the following 1 November at the earliest. Grondia announces each price change in writing at least 60 days before it takes effect, stating the new Fees and the date from which they apply.

8.4 Termination right for increases above 5 per cent. If a price change, alone or together with other price changes in the same period of 12 months, increases the recurring Fees payable by the Customer for the same scope by more than 5 per cent within that period, the Customer may terminate the affected modules or the entire Agreement with effect from the date on which the increase applies, by written notice given within 30 days after receipt of the price change notice. If the Customer does not terminate, the new Fees apply from that date.

8.5 Late notice before renewal. If a price change is to take effect at the start of a Renewal Term and the notice of the price change reaches the Customer less than 1 month before the last day on which the Customer could give notice of non-renewal under section 9.2, or after that day, the Customer may terminate the Agreement in writing with effect from the end of the Current Term (the renewal date) by giving notice within 1 month after receiving the price change notice, irrespective of the threshold in section 8.4.

9. Term, renewal and termination

9.1 Effective date and Initial Term. The Agreement enters into force when it is concluded under section 1.4. The Subscription Term starts on the Start Date and runs for the initial term stated in the Order Form (the “Initial Term”). If the Order Form does not state an initial term, the Initial Term is 24 months.

9.2 Automatic renewal. At the end of the Initial Term and of each Renewal Term, the Subscription Term renews automatically for a further 12 months (each a “Renewal Term”), unless either party terminates it by written notice received by the other party at least 3 months before the end of the Current Term. Grondia sends the Customer a written reminder of the upcoming renewal and of the notice deadline 30 days before that deadline.

9.3 Termination of individual modules. Unless the Order Form provides otherwise, either party may terminate individual modules with the same notice and to the same date as under section 9.2. The remaining modules continue unaffected. Where a module is technically required for another module, terminating it also terminates the dependent module, which the Documentation or the Order Form identifies.

9.4 Termination for cause. Either party may terminate the Agreement in whole or in part with immediate effect by written notice for good cause. Good cause exists in particular if:

(a) the other party commits a material breach of the Agreement and does not remedy it within 30 days after receiving a written notice describing the breach and the intention to terminate;

(b) the other party becomes insolvent, is declared bankrupt, applies for or is granted a moratorium or composition with creditors, or enters into liquidation (except for a solvent reorganisation);

(c) continuing the Agreement would breach sanctions or export control law applicable to the terminating party (section 24); or

(d) in the case of Grondia, the Customer is in default with payment of an amount equal to at least two monthly Fees for more than 30 days after a written reminder.

9.5 Other termination rights of the Customer. The Customer may also terminate where the SLA (if agreed), the DPA or section 4.4, 8.4, 8.5, 9.6, 13.2, 16.3, 22.3, 23.3, 23.4, 25.3 or 26.2 gives it a right to do so.

9.6 Switching right of EU Customers. An EU Customer may at any time request switching to another provider or porting its data to its own infrastructure, or the erasure of its data, with a notice period of at most 2 months, as set out in the Exit Annex. The Agreement then terminates as provided in the Exit Annex. Early termination by switching is governed exclusively by the Exit Annex, including any early termination fee that the Exit Annex provides for and the Order Form states. Grondia charges no switching charges. Section 10.2 governs prepaid Fees.

9.7 Form. Notices of termination must be in writing. Email to the notice address under section 27.1 is sufficient.

10. Effects of termination, data export and switching

10.1 End of the right of use. When the Agreement or a module ends, the Customer’s right to use the affected Services ends, subject to the export period in section 10.4 and the Exit Annex.

10.2 Fees on termination. Fees that have accrued until the effective date of termination remain payable. Prepaid Fees for periods after the effective date of termination are refunded pro rata only if the Customer terminates for good cause under section 4.4 or 9.4, under section 8.4, 8.5, 13.2, 16.3, 22.3, 23.3, 23.4, 25.3 or 26.2 or under the DPA, or if Grondia terminates the Agreement or discontinues a module without the Customer being at fault. If an EU Customer ends the Agreement by switching under the Exit Annex, Grondia refunds prepaid Fees for the period after termination, less any early termination fee under the Exit Annex, which is the only charge for early exit. In all other cases prepaid Fees are not refunded.

10.3 Ownership of Customer Data. As between the parties, the Customer owns the Customer Data. Grondia processes Customer Data only to provide the Services, as permitted by these General Terms and as instructed by the Customer under the DPA.

10.4 Data export. The Customer may export the Customer Data at any time during the Subscription Term and for 30 days after the end of the Agreement (the “Export Period”), using the export functions of the Services or by requesting an export from Grondia, in a structured, commonly used and machine-readable format (for example CSV or JSON, and image files in their original format). Grondia does not charge for exports through the standard export functions or for exports on request under Part A of the Exit Annex. Non-standard exports, meaning work beyond them such as transforming data into the import format of another provider, are charged at the rates stated in the Order Form, except that EU Customers pay no switching charges (section 10.7). During the Export Period, Grondia provides read-only access or export on request; the Services otherwise remain deactivated.

10.5 Deletion. Grondia deletes the Customer Data within 30 days after the end of the Export Period, and backups that contain Customer Data age out and are overwritten or deleted in the normal backup cycle within 90 days after deletion. This does not apply to (a) data that Grondia must retain by law, which Grondia keeps blocked and deletes after the retention period ends, (b) contract, billing, account and onboarding data of the Customer and its contact persons that Grondia processes as an independent controller, and (c) anonymous aggregate results under section 11.6, which contain no Personal Data. Grondia keeps no Guest Data or other Customer Data for its own purposes after the deletion under this section 10.5. On request, Grondia confirms the deletion in writing.

10.6 Hosted Websites and domains. At the end of the Agreement, Grondia provides the Customer during the Export Period with an export of the Customer Content of its Hosted Websites (texts, images and other media files, and page structure in a machine-readable format). Domains registered in the Customer’s name remain the Customer’s property; Grondia provides any transfer codes and DNS information the Customer needs to move them. Domains that Grondia has registered in its own name for the Customer are transferred to the Customer on request, provided the Customer has paid all Fees due. Grondia’s software, templates, themes, components and design system are not transferred and may not be used after the end of the Agreement, except as set out in section 11.5. Booking Pages are switched off at the end of the Agreement; Grondia may display a neutral notice on them for up to 3 months.

10.7 Exit Annex and EU Data Act. The Exit Annex governs exit and switching. Part A applies to all Customers and sets out their export rights, exit assistance and the export window after the end of the Agreement, in addition to sections 10.4 and 10.6. Part B applies in addition to EU Customers and governs the switching process under the EU Data Act, including the maximum notice period of 2 months, the transitional period of 30 calendar days (extendable where technically required as provided in the Exit Annex), the categories of exportable data and digital assets, the data excluded from export, the minimum retrieval period, the erasure of data and the exit assistance. Grondia imposes no switching charges, including data extraction charges, on EU Customers.

10.8 Data Act website notices. In accordance with Art. 28(2) of the EU Data Act, Grondia refers the Customer to the following information, which Grondia publishes on the legal pages of its website at grondia.com and which forms part of the information provided under the Agreement: (a) information on the jurisdiction to which the ICT infrastructure used for the Services is subject; (b) a general description of the technical, organisational and contractual measures Grondia has adopted to prevent unlawful international governmental access to or transfer of non-personal data held in the European Union; and (c) Grondia’s standard switching and exit charges.

10.9 Grondia Pay. The consequences of termination for payment services, including the settlement of balances, refunds and disputes after termination, are governed by the Payments Addendum.

10.10 Survival. Provisions that by their nature are intended to apply after the end of the Agreement remain in force, in particular sections 7 (for Fees accrued), 10, 11.4 to 11.7, 17, 18, 19, 20, 27 and 28.

11. Intellectual property and licence

11.1 Grondia’s rights. Grondia and its licensors retain all rights, including intellectual property rights, in the Services, the software, the Documentation, website templates, themes, components, the design system, and all improvements, adaptations and developments of them, including those made at the Customer’s request or based on its feedback, unless the Order Form expressly provides otherwise.

11.2 Right of use. For the Subscription Term, Grondia grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the Services ordered in the Order Form for its own business operations at the sites stated in the Order Form, through its Authorised Users, in accordance with the Agreement. Guests may use the Booking Pages and Hosted Websites for their intended purpose.

11.3 Restrictions. The Customer must not, and must not allow third parties to: (a) copy, modify or create derivative works of the Services, except as permitted by mandatory law; (b) decompile, disassemble or reverse engineer the software, except to the extent mandatory law permits this for interoperability; (c) sell, rent, sublicense or otherwise make the Services available to third parties other than Guests and Authorised Users; (d) circumvent technical limits or security measures; (e) access the Services by automated means other than the interfaces Grondia provides for that purpose, or overload them; or (f) use the Services to build a competing product.

11.4 Customer Content. The Customer retains all rights in the Customer Content. The Customer grants Grondia, for the Subscription Term and the Export Period, a worldwide, non-exclusive, royalty-free right to host, store, copy, transmit, display, publish, format and adapt the Customer Content to the extent necessary to provide the Services, including to publish Hosted Websites and Booking Pages and to transmit content to Channels as instructed by the Customer. Use of the Customer’s name, logo and website for reference and case-study purposes is governed exclusively by the special agreement in the Order Form.

11.5 Website designs. Where Grondia delivers design assets created specifically for the Customer’s Hosted Website (for example its visual design, page layouts and graphics), the Customer keeps, after the end of the Agreement, a non-exclusive, royalty-free right of unlimited duration to use those design assets, together with the Customer Content exported under section 10.6, for its own websites on another platform. This right does not extend to Grondia’s software and platform code or to any other element that Grondia did not create specifically for the Customer.

11.6 Usage Data, anonymous statistics and anonymised data. Grondia may collect and use Usage Data to provide, secure, maintain and improve the Services. If the Customer opts in to benchmarks and product analytics in the Order Form, the Customer instructs Grondia to compute, as its processor under the DPA, anonymous aggregate statistics from the Customer Data for product analytics and for benchmarks across campgrounds. For these statistics: (a) Grondia processes the Customer Data only to compute the aggregates, on the Customer’s documented instruction, and keeps only results that identify no natural person; (b) benchmarks shown to other customers or published combine data from at least 5 campgrounds and never show figures of an identifiable campground; (c) guest registration data and identity document data are never used; (d) Grondia never sells these data or results, never uses them for advertising, never discloses Personal Data to third parties for these purposes, builds no profiles of Guests across customers and does not use them to train AI models; and (e) the Customer may withdraw its opt-in at any time in writing or in the settings of the Services, with effect for future computations. Grondia does not use Personal Data contained in Customer Data for its own purposes as an independent controller. Data are anonymised only if no person can be identified from them, alone or combined with other data, by means reasonably likely to be used, taking into account the available technology and cost (the standard of Recital 26 of the GDPR, applied equally under the Swiss FADP); pseudonymised data are not anonymised.

11.7 Feedback. Grondia may use suggestions and feedback from the Customer to improve its products without restriction or payment.

11.8 Open source. The Services may contain open-source components. Their licence terms prevail over these General Terms to the extent they apply to those components; they do not restrict the Customer’s use of the Services under the Agreement.

12. Customer Content, Hosted Websites and content moderation

12.1 Responsibility for Customer Content. The Customer is solely responsible for Customer Content, including its legality, accuracy and completeness. The Customer ensures that it holds all rights needed for Customer Content (in particular for photos, videos, texts, music, fonts, trade marks and depictions of persons, including any required consent of persons shown), and that Hosted Websites and Booking Pages contain all information that the law requires of the Customer, such as its legal notice (Impressum), privacy notice, cookie information, guest terms, prices and accessibility statement.

12.2 Hosting at the Customer’s request. Grondia stores and publishes Customer Content at the Customer’s request as a hosting service. Grondia does not review Customer Content before publication and is not under a general obligation to monitor it. Where Grondia writes or edits content for the Customer as part of a website build, the Customer reviews and approves that content before publication and is responsible for it from approval.

12.3 Content restrictions. Customer Content and other information that the Customer stores through the Services must not (a) be illegal under the law that applies to it, including content that infringes intellectual property, personality, data protection, competition, consumer protection or price indication law, or (b) breach the Acceptable Use Policy, which lists further restrictions, for example on malware, spam, phishing, misleading offers and content unrelated to the Customer’s accommodation business.

12.4 Information on content moderation. Grondia applies the following policies, procedures, measures and tools to information provided by its customers. Grondia publishes these General Terms, including this section, on the legal pages of its website at grondia.com in an easily accessible and machine-readable format.

(a) How Grondia learns of content. Grondia acts on notices submitted through its notice-and-action procedure (section 12.5), on orders from competent authorities and courts, and on content that its staff become aware of while providing the Services, for example in support or onboarding. Grondia does not systematically scan Customer Content.

(b) Tools and automated means. Grondia does not currently use automated tools or algorithmic decision-making to detect, identify or decide on Customer Content. Every content moderation decision is taken and reviewed by a person. Spam and malware filters for email and network security tools act on traffic, not on the content of Hosted Websites. If Grondia introduces automated tools for content moderation, it will describe them in these General Terms and inform customers in accordance with section 23.

(c) Assessment. Grondia assesses each notice and each case diligently, objectively and proportionately, with due regard to the rights and legitimate interests of everyone involved, including the fundamental rights of the Customer, its Guests and the persons submitting notices, such as freedom of expression and information, freedom to conduct a business and the protection of personal data.

(d) Measures. Where Grondia considers Customer Content to be illegal or in breach of the Acceptable Use Policy, it may, in increasing order of severity and limited to what is necessary: ask the Customer to remove or change the content within a reasonable period; remove or disable access to the specific content; restrict the visibility of all or part of a Hosted Website or Booking Page; suspend all or part of the Services under section 21; or terminate the Agreement under section 9.4. Unless the content is manifestly illegal, endangers persons, systems or other customers, or an authority order requires immediate action, Grondia first gives the Customer an opportunity to remove or change the content.

(e) Statement of reasons. When Grondia restricts Customer Content or the Services because of content, it provides the Customer, at the latest when the restriction takes effect, with a clear and specific statement of reasons that states the measure taken and its territorial scope and duration, the facts and circumstances relied on, whether the decision was taken on the basis of a notice, whether automated means were used, the legal or contractual ground relied on, and the redress available. Grondia may omit the statement of reasons where it does not have the Customer’s contact details or where a competent authority prohibits disclosure.

(f) Internal complaints. The Customer may contest any decision under this section 12.4 by email to hello@grondia.com within 6 months after receiving the statement of reasons, giving its reasons. A person who was not involved in the original decision reviews the complaint without undue delay and informs the Customer of the outcome and its reasons. If the complaint shows that the decision was unfounded, Grondia reverses it without undue delay. The right of the Customer to bring the matter before the competent courts remains unaffected.

(g) Persons submitting notices. Grondia informs persons who submitted a notice of its decision and of the redress available to them.

(h) Criminal offences. Where Grondia becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, it informs the competent law enforcement or judicial authorities.

12.5 Notice-and-action procedure. Any person may notify Grondia by electronic means, in particular by email to hello@grondia.com, of content on a Hosted Website or Booking Page that the person considers to be illegal. The notice should contain the reasons why the content is considered illegal, the exact location of the content (for example the URL), the name and email address of the person submitting it (except for certain notices relating to child sexual abuse material), and a statement that the person is acting in good faith. Grondia confirms receipt of the notice without undue delay, processes it in a timely, diligent, non-arbitrary and objective manner, and informs the person of its decision.

12.6 Points of contact. Grondia’s single point of contact for authorities of the EU member states, the European Commission and the European Board for Digital Services, and its single point of contact for recipients of its services, can be reached by email at hello@grondia.com, in English or German. Grondia also publishes this information on the legal pages of its website at grondia.com.

12.7 Cooperation of the Customer. The Customer responds without undue delay, and in any case within 5 Business Days (section 27.2), to requests from Grondia relating to a notice, a complaint or an authority order concerning its content. The Customer itself handles notices and claims that are addressed to it as publisher of the content.

12.8 Content of Guests. Where the Customer enables functions through which Guests can publish content (for example reviews or messages), the Customer is responsible for that content in relation to Grondia and moderates it in accordance with this section 12.

13. Third-party services and Channels

13.1 Third-Party Services. The Services allow the Customer to connect Third-Party Services, for example Channels and channel manager providers, accounting software, fiscal signing services, access control, electric vehicle charging and payment terminals. The Customer’s use of a Third-Party Service is governed by the contract between the Customer and the provider of that Third-Party Service. Grondia is not a party to that contract and is not responsible for the availability, functions, fees, terms, data processing or acts and omissions of Third-Party Services.

13.2 Integrations. Grondia maintains the integrations with Third-Party Services listed in the Order Form or the Documentation with due care. If a provider changes or discontinues its interface or terms, or ends its cooperation with Grondia, Grondia may adapt, restrict or discontinue the integration. Grondia informs the Customer as early as reasonably possible. If an integration that the Order Form lists as a paid module is discontinued without equivalent replacement, the Customer may terminate the affected module and receives a pro-rata refund of prepaid Fees for it.

13.3 Channels. The Customer contracts directly with each Channel and is responsible for its listings, rates, availability, restrictions, rate parity, commissions, cancellation policies and payment arrangements with the Channel. The channel manager transmits the data that the Customer configures. Because Channels and intermediary providers process updates with delays that Grondia does not control, overbookings cannot be excluded. The Customer monitors its bookings and the synchronisation status shown in the Services. Grondia is liable for overbookings only where they are caused by a breach of Grondia’s obligations under the Agreement, and then in accordance with section 17.

13.4 Authorisation. The Customer authorises Grondia to access its accounts with Third-Party Services through the interfaces and credentials the Customer provides, and to exchange data with them, to the extent needed to provide the integration. Where Personal Data are exchanged, the DPA applies. Providers of Third-Party Services that receive data at the Customer’s instruction (for example Channels or the Customer’s accounting provider) are not sub-processors of Grondia.

14. Grondia Pay

14.1 Payment services, including Grondia Pay, are available only under a separate Payments Addendum agreed in writing between the parties. Without a Payments Addendum, the Agreement does not include payment services. The Payments Addendum governs payment services, including the commission for them.

15. AI Features

15.1 Activation. The Customer decides whether it uses AI Features. An administrator of the Customer can deactivate each AI Feature at any time in the Services. Section 4.5 applies to AI Features designated as beta.

15.2 Nature of AI Features. AI Features may, for example, draft texts and replies, summarise information, answer questions of Guests on Booking Pages, suggest prices or actions, or prepare bookings or changes for confirmation. AI output is generated automatically, may be incomplete, inaccurate or inappropriate, and does not reflect the views of Grondia.

15.3 Human review. AI Features do not take actions that affect Guests without confirmation by an Authorised User, unless the Customer enables automatic sending in the settings of the Services. The Customer ensures that a person reviews AI output before it is used for decisions that affect Guests or staff, and that it does not use AI Features to take decisions that produce legal effects concerning a person, or similarly significantly affect a person, based solely on automated processing, unless the law permits this and the Customer has implemented the safeguards that the law requires.

15.4 Transparency and labelling. The Services inform Guests when they interact with an AI Feature (Art. 50(1) of the EU AI Act, Regulation (EU) 2024/1689) and label AI-generated content where the Services publish it. The Customer must not remove or obscure these notices and labels, and is responsible for any further transparency information that applies to it as the deployer of an AI system. Grondia publishes a general AI notice on the legal pages of its website at grondia.com.

15.5 No training on Customer Data. Grondia does not use Customer Data to train AI models. AI providers process Customer Data only for the purposes listed in the DPA; they are named in the sub-processor list.

15.6 Prohibited uses. The Customer must not use AI Features (a) for any practice prohibited by the EU AI Act or comparable law, (b) for purposes that would make the Customer’s use a high-risk use under the EU AI Act, in particular decisions on recruitment, promotion or termination of staff, or creditworthiness assessments, or (c) to generate content that is illegal or breaches the Acceptable Use Policy.

15.7 Output. As between the parties, the Customer is entitled to the AI output generated for it, to the extent any rights exist in it. Grondia does not warrant that output is accurate, suitable for a particular purpose or free of third-party rights.

15.8 Providers and changes. AI Features use the AI models and providers listed as sub-processors in the DPA. Grondia may change models and providers in accordance with the DPA.

16. Warranties

16.1 Grondia’s warranties. Grondia warrants that (a) the Services substantially have the functions described in the Documentation for the modules ordered; (b) it provides professional services with the care and skill of a diligent provider of similar services; and (c) it does not knowingly introduce malware into the Services.

16.2 Notification of defects. The Customer notifies Grondia of defects without undue delay after discovering them, with a description that allows Grondia to reproduce them, through the channels in the Support Policy.

16.3 Remedies. Grondia remedies notified defects within a reasonable period, at its choice by correction, a new version or a workaround that does not materially impair use. If Grondia fails to remedy a material defect within a reasonable additional period set by the Customer in writing, the Customer may terminate the affected module with immediate effect and receives a pro-rata refund of prepaid Fees for it. Claims for damages remain subject to section 17. If the SLA is agreed, service credits under it are the Customer’s exclusive monetary remedy for unavailability, without prejudice to the termination rights in the SLA and to claims under section 17.1; if it is not agreed, section 4.4 applies.

16.4 Exclusions. Grondia is not responsible for defects caused by (a) use contrary to the Agreement or the Documentation, (b) changes by the Customer or third parties not authorised by Grondia, (c) Third-Party Services, the Customer’s systems, internet connection or hardware not supplied by Grondia, (d) incorrect configuration or data entered by the Customer, or (e) functions designated as beta or pilot.

16.5 No further warranties. To the extent permitted by law, Grondia gives no warranties other than those expressly stated in the Agreement. Grondia does not warrant that the Services are uninterrupted or error-free, that they meet all of the Customer’s requirements, or that the Customer will achieve any particular number of bookings, occupancy, revenue or other result. Statutory warranty provisions that may apply to the Services are replaced by this section 16 to the extent permitted by law.

16.6 Customer’s warranties. The Customer warrants that (a) it is authorised to enter into the Agreement (section 6), (b) it holds the rights needed for the Customer Content, and (c) it has a lawful basis for the processing of Personal Data it instructs Grondia to carry out.

17. Liability

17.1 Unlimited liability. Nothing in the Agreement limits or excludes either party’s liability (a) for damage caused intentionally or by gross negligence, (b) for death or personal injury, (c) under mandatory product liability law, or (d) to the extent liability cannot be limited or excluded under applicable law. The Customer’s obligation to pay Fees is not limited by this section 17.

17.2 Cap. In all other cases, each party’s total liability for all claims arising under or in connection with the Agreement, whether in contract, tort or otherwise, is limited in aggregate to the Fees paid by the Customer under the Agreement in the 12 months before the event giving rise to the claim. For the purpose of this cap, Fees include any commission retained by Grondia under the Payments Addendum. This cap also applies to breaches of data protection obligations, including personal data breaches; no separate or higher cap applies to them.

17.3 Excluded losses. In the cases of section 17.2, neither party is liable for indirect or consequential loss, lost profit, lost revenue, lost bookings, loss of goodwill, or loss of data, to the extent the law permits such exclusion. Loss of data is not excluded to the extent the loss would have been avoided by Grondia’s contractual backups; in that case liability is limited to the cost of restoring the data from the last available backup.

17.4 Service credits. If the SLA is agreed, service credits paid or credited under it do not count towards the cap in section 17.2 and do not reduce it. They are set off against any damages claim for the same event.

17.5 Auxiliaries and subcontractors. Grondia is liable for its employees, auxiliaries and subcontractors as for itself, within the limits of this section 17. Providers of Third-Party Services, including payment service providers, Channels and telecommunications networks, are not auxiliaries or subcontractors of Grondia.

17.6 Mitigation. Each party takes reasonable measures to prevent and reduce damage. The Customer in particular exports its data regularly where it needs a copy outside the Services and checks the synchronisation and reporting status shown in the Services.

18. Indemnities

18.1 Indemnity by Grondia. Grondia defends the Customer against claims of third parties alleging that the Services, as provided by Grondia and used in accordance with the Agreement, infringe an intellectual property right of that third party in Switzerland, the EEA, the United Kingdom or the United States, and indemnifies the Customer against the damages and costs finally awarded against it by a court or agreed by Grondia in a settlement. This does not apply to claims based on Customer Content, Third-Party Services, combinations with products not provided by Grondia, modifications not made by Grondia, or use after Grondia has offered a non-infringing alternative. If a claim is made or likely, Grondia may at its option obtain the right for the Customer to continue using the Services, modify the Services so that they no longer infringe, or, if neither is reasonably possible, terminate the affected module and refund prepaid Fees for it pro rata. This section 18.1 states Grondia’s entire liability for infringement of third-party rights. This indemnity is subject to the cap in section 17.2.

18.2 Indemnity by the Customer. The Customer defends Grondia against claims of third parties, including Guests, Channels and authorities, arising from (a) Customer Content, (b) the contracts and dealings between the Customer and its Guests, (c) the Customer’s breach of section 5, 12 or 15.6, or (d) the Customer’s breach of law as controller of Personal Data or in relation to price display, tax or registration duties, and indemnifies Grondia against the damages, fines (to the extent the law permits indemnification for them) and reasonable costs resulting from them. This indemnity is subject to the cap in section 17.2.

18.3 Procedure. The indemnified party informs the indemnifying party in writing without undue delay of the claim, leaves the conduct of the defence and any settlement to the indemnifying party, does not acknowledge the claim without its consent, and provides reasonable assistance at the indemnifying party’s cost. The indemnified party may participate with its own counsel at its own cost. A settlement that imposes obligations on the indemnified party other than the payment of money requires its consent, which may not be unreasonably withheld.

19. Confidentiality

19.1 Each party keeps confidential all information of the other party that is marked as confidential or that should reasonably be understood as confidential, including the terms of the Agreement, prices, business and technical information, and Customer Data (“Confidential Information”). Each party uses Confidential Information of the other party only to perform the Agreement and protects it with at least reasonable care.

19.2 Information is not Confidential Information if it is or becomes public without breach of this section, was lawfully known to the receiving party before disclosure, is lawfully received from a third party without a duty of confidentiality, or is independently developed.

19.3 A party may disclose Confidential Information to its employees, board members, auxiliaries, subcontractors, professional advisers, auditors, insurers and, in the case of Grondia, to its payment service provider to the extent required for payment services, if they need it to perform or advise on the Agreement and are bound by confidentiality obligations at least as protective as this section. A party may disclose Confidential Information where required by law, by a court or by an authority, after informing the other party where legally permitted.

19.4 The obligations under this section continue for 3 years after the end of the Agreement, and for trade secrets and Personal Data for as long as they remain confidential or protected by law.

19.5 At the end of the Agreement, each party returns or deletes the other party’s Confidential Information on request, except for copies that it must retain by law or that are held in backups until they are overwritten. Customer Data is governed by section 10.

19.6 Publicity is governed by the special agreement on references and case studies in the Order Form.

20. Data protection

20.1 Each party complies with the data protection laws that apply to it, in particular the Swiss Federal Act on Data Protection, the EU General Data Protection Regulation, the UK GDPR and the data protection laws of the US states that apply to it.

20.2 Where Grondia processes Personal Data on behalf of the Customer (in particular Guest Data, payment metadata, guest registration and identity data, data of the Customer’s staff accounts, data collected through cookies and analytics on Hosted Websites and Booking Pages, and data processed by AI Features), Grondia acts as processor and the Customer as controller. The DPA governs this processing. The DPA is concluded together with the Order Form and forms part of the Agreement.

20.3 Grondia processes the following Personal Data as an independent controller and informs the persons concerned through its own privacy notices: data of the Customer’s contact persons, signatories and Authorised Users for contract management, billing, customer relationship management and communication; data of owners, directors and signatories collected to onboard the Customer for payment services (the payment service provider processes such data as a separate controller for its verification); data of visitors to Grondia’s own websites; and security and log data to the extent Grondia processes them for its own purposes. Grondia does not process Guest Data as an independent controller; anonymous statistics under section 11.6 are computed in its role as processor. The relevant privacy notices are available on the legal pages of Grondia’s website at grondia.com.

20.4 The Customer ensures that the Personal Data it provides to Grondia may lawfully be processed for the purposes of the Agreement and that the persons concerned have been informed as required. If the Customer opts in to anonymous statistics under section 11.6, its guest privacy notice may say that its software provider computes anonymous statistics from booking data on its behalf.

20.5 Data locations, sub-processors, international transfers, technical and organisational measures, breach notification, assistance and audits are governed by the DPA. In summary, and subject to the DPA: the Customer gives Grondia a general authorisation to engage sub-processors; Grondia gives at least 30 days’ notice of new or replaced sub-processors and the Customer may object on reasonable data protection grounds; the parties then discuss the objection in good faith for 30 days and, if it is not resolved, the Customer may terminate the affected Services with a refund of prepaid Fees for them; Grondia notifies the Customer of personal data breaches without undue delay, with a target of 48 hours after becoming aware of them.

21. Suspension

21.1 Grondia may suspend all or part of the Services, including individual Hosted Websites, Booking Pages, AI Features or Channel connections, to the extent and for as long as necessary, if:

(a) the Customer has not paid an undisputed amount within 30 days after the due date and has not paid it within 10 days after a written reminder announcing the suspension;

(b) the Customer’s use of the Services poses a material risk to the security, integrity or availability of the Services, to other customers or to third parties, for example because of compromised accounts or malware;

(c) Customer Content is illegal or materially breaches the Acceptable Use Policy and section 12.4(d) allows the measure;

(d) a court or authority orders it, or the law requires it; or

(e) continuing the Services would breach sanctions or export control law (section 24).

21.2 Grondia limits each suspension to what is necessary, informs the Customer in advance where reasonably possible and otherwise without undue delay, and restores the Services without undue delay once the reason for the suspension no longer exists. During a suspension for non-payment, Grondia keeps the Customer Data and allows the Customer to export it. During the Season, Grondia suspends Services for non-payment only after a written notice that announces the suspension and gives the Customer at least 14 days to pay.

21.3 A suspension for reasons attributable to the Customer does not release the Customer from its obligation to pay the Fees.

21.4 The suspension of payment services is governed by the Payments Addendum.

22. Service changes

22.1 Grondia develops the Services continuously and may change them, in particular to add or improve functions, to adapt them to technical progress, to legal requirements or to changes of Third-Party Services, and to improve security.

22.2 Except as provided in section 22.5, Grondia does not materially reduce the core functions of a module that the Customer has ordered during the Subscription Term, unless (a) the change is required by law, by an authority or for security reasons, (b) a Third-Party Service on which the function depends changes or is discontinued (section 13.2), or (c) Grondia replaces the function with functionality that is at least equivalent.

22.3 Grondia informs the Customer of changes that materially and adversely affect the Customer at least 3 months in advance, or, where a shorter period is required by law, an authority or for security reasons, as early as possible. If a change materially and adversely affects the Customer, the Customer may terminate the affected module by written notice with effect from the date of the change and receives a pro-rata refund of prepaid Fees for it.

22.4 During the Season, Grondia makes no breaking changes, meaning changes to the Guest-facing booking process, to the core workflows of the PMS or to interfaces that require the Customer to change its procedures or integrations. This does not apply to changes required for security, by law or to fix defects, or to changes the Customer agrees to.

22.5 Grondia may discontinue a module entirely only by written notice given at least 6 months in advance and only with effect from a date outside the Season. The Customer receives a pro-rata refund of prepaid Fees for the discontinued module for the period after the discontinuation.

22.6 Changes to sub-processors are governed by the DPA.

23. Changes to these General Terms

23.1 Grondia may amend these General Terms and the Policies for valid reasons, in particular because of changes in the law or case law, requirements of authorities, changes of the Services under section 22, changes of Third-Party Services, or to close gaps or clarify wording, provided the amendment is reasonable for the Customer. This section 23 does not permit Grondia to change the Fees (section 8 applies), the term, the special agreements in the Order Form, or the DPA (which has its own change rules), nor to extend Grondia’s rights to use Customer Data, including for training AI models.

23.2 Grondia notifies the Customer of amendments in writing at least 60 days before they take effect, identifies the changes and makes the amended version available on the legal pages of its website at grondia.com with its version number and effective date. Significant changes to the content moderation information in section 12 are notified in the same way.

23.3 The Customer may object to an amendment in writing before it takes effect. If the Customer objects in time, (a) the version in force before the amendment continues to apply to the Customer until the end of the Current Term, and the amended version applies from the start of the next Renewal Term unless the Agreement ends by then; and (b) the Customer may in addition terminate the Agreement by written notice with effect from the date on which the amendment would have taken effect. If the Customer does not object in time, the amendment applies from the date stated in the notice. Grondia points out the right to object, the right to terminate and the consequences of silence in each notice.

23.4 If the notice of an amendment reaches the Customer after the last day on which the Customer could give notice of termination for the end of the Current Term, the Customer may terminate the Agreement in writing with effect from the end of the Current Term by giving notice within 1 month after receiving the amendment notice.

23.5 Amendments that are required by mandatory law or a binding order of an authority, and amendments that are exclusively to the Customer’s advantage or are purely editorial (for example changes of contact details or URLs), may take effect earlier than under section 23.2, but not before they are notified to the Customer.

24. Sanctions and export compliance

24.1 Each party complies with the economic sanctions and export control laws that apply to it, including those of Switzerland and, to the extent applicable, of the European Union, the United Kingdom and the United States.

24.2 The Customer warrants that neither it nor any person that owns or controls it, nor any of its signatories, is a person or entity listed on, or owned 50 per cent or more or controlled by a person or entity listed on, a sanctions list of Switzerland (SECO), the United Nations, the European Union, the United Kingdom or the United States (OFAC) (“Sanctioned Person”), and that it is not located, organised or ordinarily resident in a country or territory that is subject to comprehensive sanctions under any of those regimes (“Sanctioned Territory”).

24.3 The Customer must not use the Services, or make them available, for the benefit of a Sanctioned Person or in a Sanctioned Territory, or in breach of restrictions on providing software or software services to persons in Russia or Belarus that apply to Grondia, in particular the prohibition on providing enterprise management software listed in Annex XXXIX to Regulation (EU) No 833/2014 and related services (Art. 5n(3) and (3a) of that Regulation), to the extent it applies to Grondia or the Customer. The corresponding Swiss prohibitions are in Art. 28e(4) to (6) of the Ordinance on Measures in connection with the Situation in Ukraine (SR 946.231.176.72) and, for the Belarusian state and bodies acting for it, Art. 24b(2) and (3) of the Ordinance on Measures against Belarus (SR 946.231.116.9).

24.4 The Customer informs Grondia without undue delay if any warranty in section 24.2 ceases to be true. Grondia may decline to conclude an Agreement with a customer that is located in, or would use the Services for a campground in, a Sanctioned Territory. Grondia may refuse to conclude, suspend or terminate the Agreement with immediate effect, without liability, if performance would breach sanctions or export control law applicable to it or expose it to a material risk of sanctions.

24.5 Grondia screens each new Customer, its owners and its signatories against sanctions lists at signing. This screening does not limit the Customer’s obligations under this section 24.

25. Force majeure

25.1 Neither party is liable for a failure or delay in performance to the extent it is caused by events beyond its reasonable control that it could not have avoided with reasonable care, including natural disasters, epidemics, war, terrorism, riots, governmental measures, strikes and lock-outs (other than of the affected party’s own staff), general failures of the internet, telecommunications or power supply, and cyber-attacks that could not have been prevented by reasonable security measures (“Force Majeure”). Failures of Grondia’s subcontractors are Force Majeure only if they are themselves caused by Force Majeure and Grondia could not reasonably procure a replacement.

25.2 The affected party informs the other party without undue delay, takes reasonable measures to limit the effects and resumes performance as soon as possible. Performance obligations are suspended for the duration of the Force Majeure.

25.3 If Force Majeure prevents Grondia from providing a material part of the Services for more than 30 consecutive days, either party may terminate the affected modules by written notice, and the Customer receives a pro-rata refund of prepaid Fees for the period after termination.

25.4 Events affecting the Customer’s own business operations (for example a temporary closure of the campground, bad weather or a decline in Guest demand) do not release the Customer from its obligation to pay the Fees. The Agreement provides no option to pause the Services or the Fees for closures ordered by authorities; sections 25.1 to 25.3 apply to such closures.

26. Assignment and subcontracting

26.1 Neither party may assign or transfer the Agreement or rights and obligations under it without the prior written consent of the other party, which may not be unreasonably withheld.

26.2 Grondia may, however, transfer the Agreement to an affiliated company or to a successor in a merger, demerger, asset transfer or sale of all or substantially all of the business to which the Agreement relates, by written notice to the Customer, provided the successor assumes all obligations under the Agreement. If the successor is established outside Switzerland, the EEA and the United Kingdom, or is a competitor of the Customer, the Customer may terminate the Agreement with 3 months’ notice within 2 months after receiving the notice.

26.3 The Customer may transfer the Agreement to a successor operator of the campground to which it relates (for example on a sale or lease of the campground business), by written notice to Grondia, provided the successor assumes all obligations under the Agreement in writing, passes Grondia’s acceptance checks (including the sanctions screening under section 24.5) and, for payment services, completes the onboarding required under the Payments Addendum. Until the transfer takes effect, the Customer remains liable for all Fees.

26.4 Section 4.6 applies to subcontracting.

27. Notices

27.1 Notices under the Agreement are given in writing. Notices to Grondia are sent to hello@grondia.com or to another notice address that Grondia notifies in writing; notices to the Customer are sent to the notice address stated in the Order Form. Email to these addresses is sufficient, including for notices of termination, unless the Agreement expressly requires a signed document. Operational information (for example on maintenance or new functions) may also be given in the Services or by email to the Customer’s administrators.

27.2 An email is deemed received on the Business Day on which it is sent if it is sent before 17:00 Zurich time, and otherwise on the next Business Day, unless the sender receives a message that it was not delivered. A letter is deemed received 3 Business Days after posting within Switzerland and 7 Business Days after posting abroad. “Business Day” means a day other than a Saturday, a Sunday or a public holiday in the Canton of Zurich.

27.3 Each party informs the other in writing without undue delay of any change of its notice address.

28. Governing law, jurisdiction and dispute resolution

28.1 The Agreement and all disputes arising from or in connection with it are governed by the substantive law of Switzerland, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980).

28.2 Before starting court proceedings, the parties try in good faith to resolve a dispute through discussions between their management for at least 30 days after one party has notified the other in writing of the dispute. This does not prevent either party from seeking interim relief or taking action to prevent a limitation period from expiring.

28.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the Agreement is the City of Zurich, Switzerland. Grondia may also bring proceedings against the Customer at the Customer’s registered office or domicile.

29. Final provisions

29.1 Amendments. Amendments and additions to the Order Form and to individually agreed terms require a document that Grondia issues and the Customer signs in the manner of section 1.4, or a document signed by both parties; section 29.2 applies to the signature. Section 23 applies to amendments of these General Terms and the Policies.

29.2 Written form and electronic signatures. Where the Agreement requires written form or a signed document, including for the Customer’s signature of the Order Form and for amendments under section 29.1, a signature through DocuSign or a comparable electronic signature service is sufficient. Within the meaning of Art. 16 of the Swiss Code of Obligations, the parties agree that neither a qualified electronic signature nor a handwritten signature is required to satisfy any form agreed between them. Notices under the Agreement, including notices of termination, may be given by email in accordance with section 27.1.

29.3 Severability. If any provision of the Agreement is or becomes invalid or unenforceable, the remaining provisions remain in force. The parties replace the invalid or unenforceable provision with a valid provision that comes as close as possible to its economic purpose. The same applies to gaps.

29.4 No waiver. A failure or delay in exercising a right is not a waiver of that right.

29.5 Independent parties. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship.

29.6 No third-party rights. The Agreement does not create rights for third parties, including Guests.

29.7 Language. These General Terms are available in English and German. If the language versions of these General Terms, of the Order Form or of any other document of the Agreement, including its annexes, differ, the English version prevails.