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Terms of Service

These terms cover everyone who uses a park website on ClearStay or books a stay through one. If you are an RV park operator subscribing to our software, the Park Operator Agreement applies to you as well.

Effective
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Last updated
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See also: Privacy Policy · Park Operator Agreement

1. The agreement

These terms are a contract between you and RBJ Engineering Services LLC, 208 E Amada St, Hebbronville, TX 78361 ("we", "us", "our"), the operator of ClearStay. They apply when you visit [PLATFORM_DOMAIN], when you use a park booking page we host, and when you use the guest portal. By using any of those, you agree to them. If you do not agree, do not use the service.

You must be at least 18 and able to enter into a binding contract to make a booking.

2. What ClearStay is, and what it is not

We make software that independent RV parks and campgrounds use to show their availability, take bookings, and run their front desk. Each park that uses our software is a separate, independent business.

We are not the seller of your stay. When you book, your contract for the stay is with the park. The park sets its rates, taxes, fees, deposit, cancellation terms and park rules; the park assigns your site, provides the facilities, and is responsible for the stay itself. We do not own, operate, staff, inspect or endorse any park, and we do not verify the descriptions, photographs, amenities or availability a park publishes.

If something goes wrong with your stay — the site is not what was described, the facilities are not as advertised, you are turned away, or you have a dispute about what you were charged — the park is the party you need to resolve it with. We will help you reach them, but we cannot decide the dispute for you.

3. Booking a stay

When you choose dates and a site, we show you a price quote from the park’s own configuration: the nightly rate, any longer-stay discount the park offers, any promo code you applied, the park’s taxes and fees, the total, and the deposit due. The price you are shown is fixed to your reservation when you book; later changes to the park’s pricing do not change a booking you have already made, and changing your dates re-prices the stay.

A booking is not confirmed until you complete the steps shown at checkout. Where the park takes card payments, the reservation is confirmed once the deposit payment succeeds. Where the park takes payment at the property, the reservation is recorded without a card and you pay the park on arrival.

You agree to give accurate information about yourself, your party, your vehicle and your pets, and to keep it up to date. Parks rely on it to assign a site that fits and to admit you on arrival.

4. Prices, taxes and fees

All prices are in US dollars. The park sets its own rates, discounts, taxes and fees, and is responsible for collecting and remitting any lodging, occupancy or sales tax on your stay. Taxes shown as a percentage are calculated on the discounted amount; flat fees are added once per reservation. The deposit is a percentage of the total, set by the park.

We are paid by the park, not by you. Our platform fee of 2% is deducted from what the park receives on each transaction. It is not added to your total and it does not appear as a separate charge to you.

5. Payments

Card payments are processed by Stripe on the park’s own Stripe account. The park is the merchant of record: the park receives the funds, the park’s details are associated with the charge, and the park is responsible for refunds and for responding to disputes. We never see or store your full card number.

Where a deposit is taken at booking, the remaining balance is due before arrival unless the park tells you otherwise. Parks may also record cash, cheque or in-person card payments against your reservation at the front desk.

If a payment is reversed, charged back or fails after your booking is confirmed, the park may cancel the reservation.

6. Cancellations and refunds

Cancellation terms are set by the park, not by us. Your park’s terms and the refund they produce are shown on your reservation in the guest portal. Parks start with a default cancellation policy and can change it at any time. A small number of parks that signed up before that default existed have no terms set; for those, a cancellation made before check-in is treated as fully refundable.

Cancelling a reservation in the guest portal issues the refund your park’s terms provide straight away, to the card you paid with, from the park’s own payment account. Your bank decides when it appears on your statement, which usually takes several working days. You will be told at the point of cancellation how much was sent back, and if any part of it could not be refunded automatically — money you paid in cash or by cheque at the park, for example — you will be told that too, and the park settles that part with you directly. If a refund you were told to expect has not arrived, contact the park directly.

Because the park is the merchant of record, refunds, goodwill gestures and exceptions to a cancellation policy are the park’s decision. We do not hold your money and cannot issue a refund on a park’s behalf.

7. Your guest account

The guest portal signs you in with a one-time code sent to your email address. Keep access to that email secure, do not share the codes, and tell us at support@rbjengineeringservices.com if you believe someone else has used your account. You are responsible for activity carried out through your account.

We may suspend or close an account that is being used in breach of these terms, or where we reasonably suspect fraud.

8. Acceptable use

You agree not to:

  • use the service for any unlawful purpose, or to make a fraudulent, speculative or bad-faith booking;
  • scrape, crawl, harvest or bulk-download availability, pricing or guest information, or use automated means to access the service beyond ordinary browsing;
  • attempt to access another person’s account, another park’s data, or any part of the system you have not been granted access to;
  • probe, scan, overload, interfere with or disrupt the service or its infrastructure;
  • reverse engineer, decompile or attempt to derive the source code of the service, except to the extent that restriction is unenforceable by law;
  • copy, resell, sublicense or republish any part of the service; or
  • submit content that is unlawful, defamatory, infringing, or that contains malicious code.

9. Park rules and conduct on site

While you are at a park you are subject to that park’s rules, including its policies on quiet hours, pets, guests, vehicle length, hookups and site occupancy. A park may refuse entry or end a stay under its own rules. Those decisions are the park’s and are not ours to make or reverse.

10. Intellectual property

The service, its software, design and text are owned by RBJ Engineering Services LLC or its licensors and are protected by intellectual property law. We grant you a limited, personal, non-transferable, revocable licence to use the service for booking and managing your own stays. Nothing else is granted.

Park names, logos, photographs and descriptions belong to the parks that supply them.

11. Third-party services

Payments are handled by Stripe, and email and text-message delivery by the providers named in our Privacy Policy. Their own terms and privacy policies apply to what they do. We are not responsible for a third-party service’s availability or acts.

12. Disclaimers

The service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that availability or pricing shown by a park is accurate, or that any park will meet your expectations.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or the cost of substitute accommodation, arising out of or relating to your use of the service.

Our total liability to you for all claims arising out of or relating to the service is limited to the total fees you paid us for the service in the 12 months before the event giving rise to the claim.

We are not liable for the acts or omissions of any park, including the condition of a park, a refusal of entry, a cancellation by the park, or a refund a park declines to issue. Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.

14. Indemnity

You agree to indemnify and hold harmless RBJ Engineering Services LLC and its officers, employees and agents from claims, damages, losses and reasonable legal costs arising from your breach of these terms, your misuse of the service, or your violation of any law or third-party right.

15. Suspension and termination

You may stop using the service at any time. We may suspend or terminate your access if you breach these terms, if we are required to by law, or if we reasonably believe your use presents a risk to the service or to others. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity and dispute resolution — survive it.

16. Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.

Disputes arising out of or relating to these terms or the service will be resolved by the courts identified in this section, except that either party may instead bring an individual claim in small-claims court if it qualifies, and you and we submit to the exclusive jurisdiction and venue of the state courts located in Jim Hogg County, Texas, or the federal courts for the district that includes Jim Hogg County.

Before starting any formal proceeding, please contact us at support@rbjengineeringservices.com so we can try to resolve the matter informally.

17. Changes to these terms

We may change these terms as the service changes. For a material change we will give at least 30 days’ notice by email to the address on your account, or by a notice in the service, before it takes effect. Continuing to use the service after that date means you accept the updated terms. A booking already made is governed by the terms in force when it was made.

18. General

If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them to an affiliate or in connection with a merger or sale of the business. These terms, together with our Privacy Policy, are the entire agreement between you and us about the service.

Questions about these terms: support@rbjengineeringservices.com, or RBJ Engineering Services LLC, 208 E Amada St, Hebbronville, TX 78361.