Click to download terms and conditions.
Click to download terms and conditions.
These are the general terms and conditions (“the Terms and Conditions”) of BinBin BH d.o.o. Sarajevo (“GO Sharing”) that declares these Terms and Conditions applicable to all the Users (“The Users”) who use the GO Sharing App (“the App“) and any other GO Sharing services.
To reserve, unlock, rent and use (“the Services”) of our shared vehicles (“the Vehicles”), the User must accept these Terms and Conditions when registering through the GO Sharing App. You must provide us with all necessary information to complete the verification procedure for activating your account (“the Account”). After our confirmation of your reservation and/or your rental agreement (“the Rental Agreement”) will exist between us.
If you want to know more, visit the GO Sharing website: www.go-sharing.com (“the Website”) or contact our customer service: Support Center Number : +387 70 330 080
Mail Address: support@go-sharing.com (“the Customer Service”).
2.1 You are responsible for your Account, including its accuracy, security and use, as well as access thereto.
2.2 If you suspect that someone else is using your Account, you must report this immediately to our Customer Service.
2.3 If we suspect non-compliance with the Rental Agreement, we may refuse your registration, block Account or suspend, terminate or otherwise limit our Services (including the Use itself) at our discretion. We may refuse your registration without giving any reason.
2.4 It is not allowed to give other persons access to your Account and it is not allowed to use the personal information, payment credentials or the personal identification documents (such as driving license) of a third party or person for the creation of the Account.
3.1 Reservation Disclaimer: A successful reservation does not necessarily ensure the availability of functioning Services. By reserving, you acknowledge and accept the potential unavailability of Services.
3.2 Usage Termination Confirmation: The use of the Services is officially concluded only when we send a confirmation message in the App stating that the usage has been successfully terminated.
3.3 Limited Usage Period: The allowed period for using our Services is strictly limited at a maximum of seven days. Exceeding this duration is a breach of these Terms and Conditions and may result in additional charges or legal action.
3.4 Responsible Use and Conduct: You must adhere to Bosnian Laws regarding traffic safety, all applicable rules of the road and standards of decency. The Vehicles and the Services should be handled with utmost care, ensuring responsible usage at all times.
3.5 Battery Requirements: Before initiating use, it is your responsibility to check and ensure that the Vehicles has adequate battery capacity for your intended journey. Failing to return the Vehicles with the necessary battery level will be considered a violation of these Terms and Conditions.
3.6 Mandatory Locking: Upon the completion or mid-term cessation of your use, it is mandatory to securely lock the Vehicle through the App.
3.7 Vehicle Return Standards: Post-use, the Vehicles, along with any of its accessories, must be returned in a clean, complete state, devoid of any personal property. Non-compliance may result in additional cleaning fees and/or charges.
3.8 Photographic Documentation Requirements: After using the Vehicles, you are required to take a clear photograph showing the Vehicle’s number plate or ID number if any, its position on the road, and overall condition. Failure to provide a compliant photograph may result in your liability for any damages or fines incurred due to improper parking or other related issues.
3.9 Immediate Response to Vehicle Warnings: If any warning signs are displayed on the Vehicle’s cluster/dashboard, you must immediately cease using the Vehicle and contact our Customer Services to assess whether it is safe to continue the journey.
3.10 Liability for Rule Violation Costs: You will bear all costs resulting from the use of the Vehicles in contravention of applicable road rules or these terms. These costs include, but are not limited to, administrative and debt collection expenses, especially in cases where the vehicle has been impounded or towed.
3.11 User Responsibility for Technical Compatibility: You are solely responsible for possessing and using a mobile device that meets all technical requirements necessary for the use of our App. Incorrect or incompatible device usage leading to service disruption will be your responsibility.
3.12 Specific Parking Protocols: When using the Vehicles, you must park them in line with the instructions, signs and warnings within the App and always in adherence with the mandatory traffic laws and local restrictions.
3.13 Strict Prohibitions in Vehicle Use: Under no circumstances is smoking or transporting pets in the Vehicle permitted as well as riding under influence of any forbidden substances. Violation of this rule will result in penalties and potential legal action.
3.14 Exclusive User Responsibility and Fines: All fines incurred during the use of the Vehicle will be charged to the registered driver. It is strictly prohibited for anyone other than you to use the Vehicle.
3.15 Deductible Policies for the Vehicles: the standard deductible is set at €1000 for shared mopeds and €500 for bicycles and scooters, which can be waived for an extra charge of €0.05 per minute.
3.16 Use within Designated Service Areas (“Service Area”): Use of the Vehicles is strictly limited to designated Service Areas as marked in the App and failure to comply with these area restrictions can result in additional charges and legal consequences:
3.17 Violations of these rules may result in additional charges, including but not limited to, costs incurred by us due to non-compliance, and potential claims for lost profit.
4.1 Pre-Use Inspection: Prior to using the Vehicle, you must inspect it for existing damages, including severe dirt and missing parts.
4.2 Reporting Unrecorded Damage: If you find damage not indicated in the App, report it immediately through the App.
4.3 The Vehicle Suitability Decision: If the Vehicle is deemed unsuitable for use, either relinquish its use or contact Customer Services.
4.4 Damage Occurrence During Journey: Report any damages or technical issues that occur during the journey and contact Customer Services promptly and adhere to their instructions.
4.4 User Liability for Damages: You are liable for any damages incurred in accordance with your use of the Services, except if:
5.1 Police Reporting: In the event of an accident, promptly report it to the police for official registration.
5.2 Claim Form Submission: Complete and truthfully fill out a claim form, available from Customer Services. Submit the form to the address provided by Customer Services within seven days.
5.3 Reporting to Customer Services: Report the accident to Customer Services if police reporting is not feasible or after it’s done. Follow any instructions given by Customer Services.
5.4 User Liability for False Claims: Any liability claims made without due cause are the User’s responsibility. GO Sharing and its insurers are not bound by unauthorized declarations or commitments.
5.5 User Liability for Damages: You are liable for all direct and indirect damages to GO Sharing resulting from the accident, unless proven otherwise or if damages result directly from GO Sharing’s instructions.
5.6 Compensation Handling: Any compensation received for the Vehicle damage must be paid directly to GO Sharing.
6.1 Immediate Reporting: In case of the Vehicle loss or theft during the use of the Services, report immediately to Customer Services and adhere to their instructions.
6.2 User Liability for Theft/Loss: You are responsible for any damages due to loss or theft, except where you prove it wasn’t your fault.
6.3 Circumstances Constituting Theft or Loss: Theft or loss is presumed if:
7.1 If, in the reasonable assessment of GO Sharing, you violate one of the rules stated under the relevant articles you will be charged as follows:
Rental related costs
Improper use
Damages
Traffic violations / offense
Loss or theft
Administration costs
Other
Costs of storage of found objects €0,-
Any additional cost of Go Sharing incurred by any misbehaviour of the User against the Terms and Conditions
7.2 GO Sharing reserves the right to prohibit your use of certain vehicle types if we believe you have or will violate any terms of use, or for other significant reasons at our discretion. Additionally, you are responsible for any fines incurred during your rental period, such as for illegal parking. Administration costs will be charged for processing these fines. We will also provide GPS and other relevant data to government authorities for supervision and enforcement purposes.
8.1 If you purchase a credit for Use (the Credit), the date of issue will be the moment the Credit is visible on the Account.
8.2 Credits in the context of promotional activities are valid for 30 days. Other Balances will expire one (1) year from the date of issue.
8.3 Credits are personal and cannot be exchanged for money after the expiry of any statutory cooling-off period.
8.4 Any refund is only possible for unopened Credits.
9.1 Payment Obligation: By using our Services, you acknowledge and accept that you are legally bound to pay the fees as stated in our App, including any applicable subscriptions or discounts. Your agreement to these terms confirms your commitment to this payment.
9.2 Payment Method Selection: Before starting your ride, you must add and select a valid payment method. If a security deposit is required, you authorize us to charge it. You accept that providing false payment information may lead to legal consequences.
9.3 Late Payment: If your payment is overdue, we will initiate a collection procedure. You agree to bear all related costs, acknowledging that these will be passed on to you.
9.4 Damage and Accident Liability: In case of damage or an accident while using our service, you agree to pay the applicable excess fee. We will refund any excess if the actual costs are lower than the charged amount.
9.5 Acceptance of Fines: By agreeing to these terms and by using our Services, you accept responsibility for paying any fines, fees, or penalties incurred during the use of our Services, including for traffic violations or damages. By agreeing to these terms and by using our Services, you also explicitly accept that such fines, fees, or penalties incurred during the use of our Services will be deducted automatically and without advance notice by GO Sharing from your payment method.
9.6 Fee Calculation: The total fee for each ride is calculated based on the duration of use, from unlocking to locking the Vehicles. By agreeing to these terms and by using our Services, you agree to this calculation method and the charges incurred.
9.7 Accurate Payment Profile: You are responsible for maintaining accurate and up-to-date payment profile information. Inaccurate information may result in legal action against you.
9.8 Handling Payment Failure: If your payment fails, we reserve the right to suspend your account and take legal action to recover the amount due, including through debt collection.
9.9 Third-Party Payment Authorization: If using a third-party’s payment details, you confirm that you have their written consent. Failure to provide such consent can result in legal action against you for unauthorized use.
10.1 We may contact the third party whose payment details you have provided (“the Third Party”) directly in order to verify whether you have obtained the required consent thereto.
10.2 If you do not have permission, you must pay the outstanding claims yourself and you are liable for any damage suffered by us.
10.3 If you have permission, then the Third Party is jointly and severally responsible and liable with you for all obligations arising from these Terms and Conditions.
11.1 GO Sharing accepts liability solely for actions involving intentional misconduct or gross recklessness directly attributable to its executives. This encompasses deliberate acts or omissions and willful negligence that are conclusively proven.
11.2 In circumstances where GO Sharing’s liability is established, it is restricted to the extent covered by our applicable insurance policies. Any compensation awarded shall be in accordance with the terms and limits of said insurance, subject to prevailing legal stipulations.
11.3 If an incident falls outside our insurance coverage, GO Sharing’s cumulative liability shall not exceed EUR 25,000. This cap applies irrespective of the number of claims made.
11.4 We explicitly disclaim responsibility for any loss, damage, theft, or destruction of personal items stored, transported, or inadvertently left in our Vehicles. This extends to items affected by third-party actions, such as municipal services, parking facilities, vehicle cleaning or repair companies, and even misuse or negligence by previous users of our Vehicles.
11.5 Our liability does not cover any indirect, incidental, special, or consequential damages. This includes loss of profits, revenue, anticipated savings, business contracts, opportunities, goodwill, reputation; loss or corruption of data due to system malfunctions or cyber-attacks; harm to goods or persons using our vehicles; and any other intangible losses or damages that may arise from the use of our Services.
11.6 These limitations are aligned with mandatory legal duties and do not aim to limit liability in instances where it is legally prohibited or in matters involving gross negligence or willful misconduct on our part.
11.7 We are not liable for the actions or inactions of other parties we engage with or other users of our Services. This includes, but is not limited to, damages arising from parking violations, repairs, cleaning, or unauthorized use of our Vehicles by others. Third parties engaged by us can directly invoke these Terms and Conditions and Instructions against any claims made by the User.
11.8 We bear no responsibility for the loss of items by the User in our Vehicles. This encompasses items forgotten, stolen, or damaged during the usage of our Services.
12.1 You are solely responsible for any direct, indirect, incidental, consequential, or special losses, damages, and costs arising from your use of GO Sharing’s services. This includes, but is not limited to, any loss or damage to the Vehicles and accessories, costs incurred due to accidents, and any associated administrative penalties and fines.
12.2 You assume all risks and liabilities associated with the use of any supplementary features on GO Sharing’s Services, such as mobile phone holders. You will be solely responsible for any resultant damages or expenses.
12.3 Extensive Indemnification: You agree to indemnify and hold GO Sharing harmless against all fines, penalties, legal claims, actions, liabilities, losses, expenses, and damages, including reasonable legal costs, related to your negligent or wilful misuse of our services, violation of these terms, misrepresentation through our app, and any resulting harm, including personal injuries or property damage. Your obligation to indemnify GO Sharing remains valid beyond the termination of any rental agreement.
12.4 Account Suspension for Breach: In the event of a breach of these terms, GO Sharing reserves the right to temporarily or permanently suspend or deactivate your account. We will make reasonable efforts to notify you of any such action.
13.1 The Terms and Conditions must be terminated by the User in writing (including by e-mail).
13.2 In the event of violation of the Terms and Conditions, we can immediately terminate the Terms and Conditions. Otherwise, a notice period of two weeks applies to both parties.
13.3 In the event of termination, you must immediately pay any outstanding payments.
13.4 We may terminate any agreement with you without stating reasons.
14 Force majeure
GO Sharing shall be exempt from liability for any loss, damage, or service interruption arising from circumstances beyond our reasonable control. Such circumstances include, but are not limited to, technological malfunctions like connectivity issues and power outages; environmental and natural events such as severe weather conditions, floods, earthquakes, and other natural disasters; societal disturbances including riots, civil unrest, and acts of terrorism; global or regional health emergencies, including epidemics, pandemics, and government-imposed quarantines; and unforeseen and unavoidable occurrences typically classified as ‘Acts of God.’ Additionally, this exemption extends to legal and regulatory constraints or directives that impede our ability to deliver services as stipulated. In such scenarios, GO Sharing shall not be held accountable for any consequent non-performance or delay in the fulfillment of our obligations under these terms.
15.1 Privacy Agreement: By using our Services, you consent to us collecting and processing your personal data in compliance with GDPR and related privacy legislation as well as Bosnian law on personal data protection. Our comprehensive privacy and cookie policy, accessible on our website, outlines our data processing practices and is subject to periodic updates.
15.2 Accuracy and Updates: You ensure that your personal data is accurate and current, and agree to update any changes in your account, especially contact and payment information.
15.3 Consequences for Inaccurate Data: If your data is found to be incorrect, we may suspend or deactivate your account and terminate our agreement.
15.4 Data Sharing with Authorities: In legal circumstances like fines, theft, or other offenses involving our vehicles, we will disclose necessary data, including vehicle tracking and your contact details, to law enforcement.
16.1 Amendments and Notification: We reserve the right to modify these Terms and Conditions, with changes communicated through the App and on our Website. By continuing service use post-modification, you accept the updated terms.
16.2 Provision Validity: If any provision is deemed invalid or unenforceable, the remaining terms remain in full force and effect.
16.3 Governing Law and Jurisdiction: Bosnian law governs these Terms. Disputes are subject to the jurisdiction of Municipal court in Sarajevo/Banja Luka/ Mostar , unless otherwise mandated by law.
16.4 Assignment of Rights: We may transfer our rights and obligations under these Terms, and you consent to such transfers. Furthermore, we reserve the right to transfer our claims against you for any reason. In such cases, we will notify you. Your payment obligations then shift to the claim’s new holder, fully releasing us from those specific obligations. We will remain accessible for general inquiries and grievances.
16.5 Dispute Resolution: In case of disputes, we aim for amicable resolution. If unresolved, disputes will be brought before Bosnian courts
16.6 Written Communication: Communication, including legal notices, may be conducted through email, satisfying legal requirements for written communication.
16.7 Completion of Service: Upon completing an individual rental agreement, you acknowledge the fulfillment of our service and waive your right to dissolve the agreement under specific provisions of Bosnian law.
Ovo su opšti uvjeti poslovanja (“Uslovi i odredbe”) BinBin BH d.o.o. Sarajevo (“GO Sharing”) koja navodi ove Uslove i odredbe koji se primjenjuju na sve korisnike (“Korisnici”) koji koriste aplikaciju GO Sharing (“Aplikacija”) i sve druge usluge GO Sharing.
Da bi rezervisao, otključao, iznajmio i koristio („Usluge“) naših zajedničkih vozila („Vozila“), Korisnik mora prihvatiti ove Uslove i odredbe prilikom registracije putem aplikacije GO Sharing. Dužni ste nam dati sve potrebne informacije kako bismo dovršili postupak verifikacije za aktivaciju vašeg naloga („Nalog“). Nakon naše potvrde vaše rezervacije i/ili vašeg ugovora o iznajmljivanju (“Ugovor o iznajmljivanju”), između nas će biti zaključen ovaj ugovor.
Ako želite da saznate više, posjetite GO Sharing web stranicu: www.go-sharing.com („Web stranica“) ili kontaktirajte našu korisničku službu: Broj Centra za podršku: +387 70 330 080
E-mail adresa: support@go-sharing.com („Služba za korisnike“).
2.1 Vi ste odgovorni za svoj Nalog, uključujući njegovu tačnost, sigurnost i upotrebu, kao i pristup istom.
2.2 Ako sumnjate da neko drugi koristi vaš Nalog, morate to odmah prijaviti našoj Službi za korisnike.
2.3 Ako posumnjamo na nepoštivanje Ugovora o iznajmljivanju, možemo odbiti vašu registraciju, blokirati račun ili suspendovati, ukinuti ili na drugi način ograničiti naše Usluge (uključujući i samo korištenje) prema vlastitom nahođenju. Možemo odbiti vašu registraciju bez navođenja razloga.
2.4 Nije dozvoljeno davati drugim osobama pristup vašem Nalogu i nije dozvoljeno korištenje ličnih podataka, informacija za plaćanje ili ličnih identifikacionih dokumenata (kao što je vozačka dozvola) treće strane ili osobe za kreiranje Naloga.
3.1 Izjava o odricanju od odgovornosti za rezervaciju: Uspješna rezervacija ne mora nužno osigurati dostupnost funkcionalnih Usluga. Rezervacijom potvrđujete i prihvatate potencijalnu nedostupnost Usluga.
3.2 Potvrda o prekidu korištenja: Korištenje Usluga je službeno zaključeno tek kada pošaljemo poruku potvrde u Aplikaciji u kojoj se navodi da je korištenje uspješno završeno.
3.3 Ograničeni period korištenja: Dozvoljeni period za korištenje naših usluga je strogo ograničen na najviše sedam dana. Prekoračenje ovog roka predstavlja kršenje ovih Uslova i odredbi i može rezultirati dodatnim troškovima ili pravnim postupcima.
3.4 Odgovorno korištenje i ponašanje: Morate se pridržavati bosanskohercegovačkih zakona koji se tiču sigurnosti saobraćaja, svih primjenjivih pravila vožnje i standarda pristojnosti. Vozilima i Uslugama treba rukovati sa najvećom pažnjom, osiguravajući odgovornu upotrebu u svakom trenutku.
3.5 Zahtjevi za bateriju: Prije početka korištenja, vaša je odgovornost provjeriti i osigurati da Vozila imaju adekvatan kapacitet baterije za vaše planirano putovanje. U slučaju da ne vratite Vozilo sa potrebnim nivoom baterije, to će se smatrati kršenjem ovih Uslova i odredbi.
3.6 Obavezno zaključavanje: Po završetku ili privremenom prestanku korištenja, obavezno je sigurno zaključavanje Vozila putem Aplikacije.
3.7 Standardi za vraćanje Vozila: Nakon upotrebe, Vozila, zajedno sa bilo kojom dodatnom opremom, moraju biti vraćena u čistom, kompletnom stanju, bez ikakve lične imovine u njima. Nepoštivanje ove odredbe može rezultirati dodatnim naknadama i/ili troškovima za čišćenje.
3.8 Zahtjevi za fotografsku dokumentaciju: Nakon korištenja Vozila, od vas se traži da snimite jasnu fotografiju koja prikazuje registarsku tablicu Vozila ili ID broj, ako postoji, njegov položaj na cesti i cjelokupno stanje. Nedostavljanje fotografije u skladu sa propisima može rezultirati vašom odgovornosti za bilo kakvu štetu ili novčane kazne nastale zbog nepropisnog parkiranja ili drugih povezanih problema.
3.9 Trenutni odgovor na upozorenja Vozila: Ako se na klasteru/instrument-tabli Vozila prikažu bilo kakvi znakovi upozorenja, morate odmah prestati koristiti Vozilo i kontaktirati našu Službu za korisnike kako biste procijenili da li je bezbjedno nastaviti putovanje.
3.10 Odgovornost za troškove kršenja pravila: Vi ćete snositi sve troškove koji proizilaze iz upotrebe Vozila u suprotnosti sa važećim saobraćajnim pravilima ili ovim Uslovima. Ovi troškovi uključuju, ali nisu ograničeni na, administrativne troškove i troškove naplate dugova, posebno u slučajevima kada je vozilo zaplijenjeno ili odvučeno od strane vučne službe.
3.11 Odgovornost Korisnika za tehničku kompatibilnost: Vi ste isključivo odgovorni za posjedovanje i korištenje mobilnog uređaja koji ispunjava sve tehničke zahtjeve potrebne za korištenje naše Aplikacije. Vi ste odgovorni za neispravnu ili nekompatibilnu upotrebu uređaja koja može dovesti do prekida Usluge.
3.12 Posebni protokoli za parkiranje: Kada koristite Vozila, morate ih parkirati u skladu sa uputama, znakovima i upozorenjima unutar Aplikacije i uvijek u skladu sa obaveznim saobraćajnim zakonima i lokalnim ograničenjima.
3.13 Stroge zabrane upotrebe Vozila: Ni pod kojim okolnostima nije dozvoljeno pušenje ili prevoz kućnih ljubimaca u Vozilu, kao ni vožnja pod uticajem bilo kakvih zabranjenih supstanci. Kršenje ovog pravila će rezultirati kaznama i potencijalnim pravnim postupcima.
3.14 Isključiva odgovornost Korisnika i novčane kazne: Sve kazne nastale tokom korištenja Vozila će biti naplaćene registrovanom vozaču. Strogo je zabranjeno bilo kome osim vama da koristi Vozilo.
3.15 Smanjenje odgovornosti za štetu na vozilima: standardni odbitak je postavljen na 1000€ za zajedničke mopede i 500€ za bicikle i skutere, a Korisnik iste može poništiti uz dodatnu naknadu od 0,05€ po minuti.
3.16 Korištenje unutar Definisanih uslužnih zona („Uslužna zona”): Korištenje vozila je striktno ograničeno na definisane Uslužne zone koje su označene u Aplikaciji i nepoštivanje ovih zonskih ograničenja može rezultirati dodatnim troškovima i pravnim posljedicama:
3.17 Kršenje ovih pravila može rezultirati dodatnim troškovima, uključujući, ali ne ograničavajući se na, troškove koje imamo zbog nepoštivanja, i potencijalne tužbe za izgubljenu dobit.
4.1 Pregled prije korištenja: Prije korištenja Vozila, morate provjeriti postojeća oštećenja, uključujući ozbiljnu prljavštinu i dijelove koji nedostaju.
4.2 Prijava nezabilježene štete: Ako pronađete oštećenja koja nisu navedena u Aplikaciji, odmah ih prijavite putem Aplikacije.
4.3 Odluka o prikladnosti Vozila: Ako se Vozilo smatra neprikladnim za korištenje, odustanite od njegovog korištenja ili kontaktirajte Službu za korisnike.
4.4 Nastanak štete tokom putovanja: Prijavite svaku štetu ili tehničke probleme do kojih dođe tokom putovanja i odmah kontaktirajte Službu za korisnike i pridržavajte se njihovih uputstava.
4.5 Odgovornost Korisnika za štetu: Vi ste odgovorni za bilo kakvu štetu nastalu u skladu sa vašim korištenjem Usluga, osim u sljedećim slučajevima:
5.1 Prijavljivanje policiji: U slučaju nezgode, istu odmah prijavite policiji radi službene evidencije.
5.2 Podnošenje obrasca zahtjeva: Kompletirajte i istinito popunite obrazac zahtjeva koji je dostupan u Službi za korisnike. Pošaljite obrazac na adresu koju je dala Služba za korisnike u roku od sedam dana.
5.3 Prijavljivanje Službi za korisnike: Prijavite nezgodu Službi za korisnike ako policijska prijava nije izvodiva ili nakon što je ista obavljena. Slijedite sve upute koje vam daje Služba za korisnike.
5.4 Odgovornost korisnika za lažne tvrdnje: Sva potraživanja u vezi sa odgovornosti koja se podnose bez opravdanog razloga su odgovornost Korisnika. GO Sharing i njegova osiguravajuća kuća nisu obavezani neovlaštenim izjavama ili obavezama.
5.5 Odgovornost Korisnika za štetu: Vi ste odgovorni za svu direktnu i indirektnu štetu prema GO Sharingu koja je nastala kao posljedica nezgode, osim ako se ne dokaže drugačije ili ako šteta proizlazi direktno iz uputa GO Sharinga.
5.6 Rukovanje nadoknadom: Svaka primljena kompenzacija za štetu na Vozilu mora se platiti direktno GO Sharingu.
6.1 Hitno prijavljivanje: U slučaju gubitka ili krađe vozila tokom korištenja Usluga, odmah to prijavite Službi za korisnike i pridržavajte se njihovih uputstava.
6.2 Odgovornost Korisnika za Krađu/Gubitak: Vi ste odgovorni za bilo kakvu štetu uzrokovanu Gubitkom Ili Krađom, osim ako dokažete da to nije bila vaša greška.
6.3 Okolnosti koje predstavljaju Krađu Ili Gubitak: Krađom ili Gubitkom se smatraju sljedeći slučajevi:
7.1 Ukoliko, prema razumnoj procjeni GO Sharinga, prekršite jedno od pravila navedenih u relevantnim članovima, biti će vam naplaćeno kako slijedi:
Troškovi vezani za iznajmljivanje
Nepravilno korištenje
Oštećenja
Saobraćajni prekršaji/kazne
Gubitak ili krađa
Administrativni troškovi
Ostalo
Troškovi čuvanja pronađenih ličnih predmeta 0 KM
Svaki dodatni trošak Go Sharing-a nastao bilo kakvim nedoličnim ponašanjem Korisnika u suprotnosti sa Uslovima i odredbama
7.2 GO Sharing zadržava pravo da vam zabrani korištenje određenih tipova vozila ako smatramo da ste prekršili ili ćete prekršiti bilo koje uslove korištenja, ili iz drugih značajnih razloga prema našem nahođenju. Osim toga, odgovorni ste za sve kazne nastale tokom vašeg perioda iznajmljivanja, kao što je nepropisno parkiranje. Za obradu ovih kazni će biti naplaćeni administrativni troškovi. Također ćemo dati GPS i druge relevantne podatke državnim tijelima u svrhu nadzora i provedbe zakonskih mjera.
8.1 Ako kupite kredit za korištenje (Kredit), datum izdavanja će biti od trenutka kada je Kredit vidljiv na Nalogu.
8.2 Krediti u kontekstu promotivnih aktivnosti vrijede 30 dana. Drugi iznosi Kredita će isteći jednu (1) godinu od datuma izdavanja.
8.3 Krediti su lični i ne mogu se zamijeniti za novac nakon isteka bilo kojeg zakonskog perioda „zamrzavanja“.
8.4 Bilo kakav povrat novca je moguć samo za neotvorene Kredite.
9.1 Obaveza plaćanja: Korištenjem naših usluga, potvrđujete i prihvatate da ste zakonski dužni platiti naknade kako je navedeno u našoj Aplikaciji, uključujući sve primjenjive pretplate ili popuste. Vaš pristanak na ove uslove potvrđuje vašu obavezu za ovo plaćanje.
9.2 Odabir načina plaćanja: Prije početka vožnje, morate dodati i odabrati važeći način plaćanja. Ako je potreban sigurnosni depozit, dajete nam dozvolu da ga naplatimo. Prihvatate da davanje lažnih informacija o plaćanju može dovesti do pravnih posljedica.
9.3 Kašnjenje pri plaćanju: Ako vaša uplata kasni, mi ćemo pokrenuti postupak naplate. Slažete se da ćete snositi sve povezane troškove, i prihvatate da će oni biti prebačeni na vas.
9.4 Odgovornost za štetu i nezgode: U slučaju štete ili nezgode tokom korištenja naše Usluge, slažete se da ćete platiti primjenjive dodatne troškove. Ako su stvarni troškovi niži od naplaćenog iznosa, višak novca će vam biti vraćen.
9.5 Prihvatanje novčanih kazni: Prihvatanjem ovih Uslova i korištenjem naših Usluga, prihvatate odgovornost za plaćanje kazni, naknada ili zakonskih troškova nastalih tokom korištenja naših Usluga, uključujući saobraćajne prekršaje ili štete. Pristankom na ove Uslove i korištenjem naših Usluga, također izričito prihvatate da će GO Sharing takve kazne, naknade ili zakonske troškove nastale tokom korištenja naših Usluga automatski i bez prethodne najave naplatiti putem vašeg načina plaćanja.
9.6 Obračun naknade: Ukupna naknada za svaku vožnju izračunava se na osnovu trajanja korištenja, od otključavanja do zaključavanja Vozila. Pristankom na ove Uslove i korištenjem naših Usluga, slažete se sa ovom metodom obračuna i nastalim troškovima.
9.7 Tačan profil plaćanja: Vi ste odgovorni za održavanje tačnih i ažuriranih informacija o profilu plaćanja. Netačne informacije mogu dovesti do pravnog postupka protiv vas.
9.8 Postupanje u slučaju neuspjelog plaćanja: Ako vaša uplata ne uspije, zadržavamo pravo da suspendujemo vaš Nalog i preduzmemo pravne radnje kako bismo povratili dospjeli iznos, uključujući naplatu duga.
9.9 Ovlaštenje za plaćanje treće strane: Ako koristite podatke o plaćanju treće strane, potvrđujete da imate njihov pismeni pristanak. Nedavanje takvog pristanka može rezultirati pravnim postupkom protiv vas zbog neovlaštenog korištenja.
10.1 Možemo direktno kontaktirati treću stranu čije ste podatke o plaćanju naveli („Treća strana“) kako bismo provjerili da li ste za to dobili potrebnu saglasnost.
10.2 Ako nemate dozvolu, morate sami platiti preostala potraživanja i odgovorni ste za bilo kakvu štetu koju smo pretrpjeli.
10.3 Ako imate dozvolu, onda je treća strana solidarno obavezna i odgovorna sa vama za sve obaveze koje proizilaze iz ovih Uslova i odredbi.
11.1 GO Sharing prihvata odgovornost isključivo za radnje koje uključuju namjerno nedolično ponašanje ili grubu nesmotrenost koje se direktno pripisuju njegovim rukovodiocima. Ovo uključuje namjerne radnje ili propuste i namjerni nemar koji su neosporno dokazani.
11.2 U okolnostima u kojima je utvrđena odgovornost GO Sharinga, ona je ograničena u mjeri koju pokrivaju naše primjenjive polise osiguranja. Svaka dodijeljena naknada će biti u skladu sa uslovima i ograničenjima navedenog osiguranja, u skladu sa važećim zakonskim odredbama.
11.3 Ako naše osiguranje ne pokriva incident, kumulativna odgovornost GO Sharinga ne prelazi 25.000 EUR. Ovo ograničenje se primjenjuje bez obzira na broj zahtjeva.
11.4 Izričito se odričemo odgovornosti za bilo kakav gubitak, oštećenje, krađu ili uništenje ličnih stvari pohranjenih, transportovanih ili nenamjerno ostavljenih u našim vozilima. Ovo uključuje stavke na koje utiču radnje trećih strana, kao što su komunalne usluge, parking, kompanije za čišćenje ili popravku vozila, pa čak i zloupotrebu ili nemar od strane prethodnih korisnika naših Vozila.
11.5 Naša odgovornost ne pokriva nikakve indirektne, slučajne, posebne ili posljedične štete. Ovo uključuje gubitak profita, prihoda, očekivane uštede, poslovne ugovore, prilike, dobru volju, reputaciju; gubitak ili oštećenje podataka zbog kvarova u sistemu ili sajber-napada; nanošenje štete robi ili osobama koje koriste naša Vozila; i sve druge nematerijalne gubitke ili štete koje mogu nastati korištenjem naših Usluga.
11.6 Ova ograničenja su usklađena sa obaveznim zakonskim obavezama i nemaju za cilj ograničavanje odgovornosti u slučajevima kada je to zakonom zabranjeno ili u slučajevima koje uključuju grubi nemar ili namjerno nedolično ponašanje s naše strane.
11.7 Nismo odgovorni za radnje ili propuste drugih strana sa kojima sarađujemo ili drugih korisnika naših Usluga. Ovo uključuje, ali nije ograničeno na, štete nastale zbog kršenja pravila parkiranja, popravki, čišćenja ili neovlaštenog korištenja naših Vozila od strane drugih. Treće strane koje angažujemo mogu se direktno pozvati na ove Uslove i odredbe i uputstva protiv bilo kakvih potraživanja od strane Korisnika.
11.8 Ne snosimo nikakvu odgovornost za gubitak predmeta od strane Korisnika u našim Vozilima. Ovo uključuje predmete koji su zaboravljeni, ukradeni ili oštećeni tokom korištenja naših Usluga.
12.1 Vi ste isključivo odgovorni za sve direktne, indirektne, slučajne, posljedične ili posebne gubitke, štete i troškove koji proizlaze iz vašeg korištenja Usluga GO Sharinga. Ovo uključuje, ali nije ograničeno na, bilo kakav gubitak ili oštećenje Vozila i dodatne opreme, troškove nastale zbog nezgoda i sve povezane administrativne kazne i novčane kazne.
12.2 Preuzimate sve rizike i obaveze povezane sa korištenjem bilo koje dodatne funkcije na GO Sharing Uslugama, kao što su držači mobilnih telefona. Vi ćete biti isključivo odgovorni za sve nastale štete ili troškove.
12.3 Proširena obeštećenja: Saglasni ste da ćete obeštetiti i osloboditi GO Sharing odgovornosti za sve novčane kazne, kazne, pravne tužbe, radnje, obaveze, gubitke, troškove i štete, uključujući razumne pravne troškove, koji se odnose na vašu nemarnu ili namjernu zloupotrebu naših Usluga, kršenje ovih Uslova, lažno predstavljanje putem naše Aplikacije i bilo kakvu štetu koja je nastala, uključujući lične ozljede ili materijalnu štetu. Vaša obaveza da obeštetite GO Sharing ostaje važeća i nakon raskida bilo kojeg ugovora o iznajmljivanju.
12.4 Suspenzija Naloga zbog kršenja: U slučaju kršenja ovih Uslova, GO Sharing zadržava pravo da privremeno ili trajno suspenduje ili deaktivira vaš Nalog. Učiniti ćemo razumne napore da vas obavijestimo o svakoj takvoj radnji.
13.1 Korisnik mora otkazati Uslove i odredbe u pisanoj formi (uključujući i e-mail).
13.2 U slučaju kršenja Uslova i odredbi, imamo pravo da odmah raskinemo Uslove i odredbe. Inače, otkazni rok od dvije sedmice je važeći za obje strane.
13.3 U slučaju otkazivanja, morate odmah platiti sva neizmirena plaćanja.
13.4 Možemo raskinuti bilo koji ugovor s vama bez navođenja razloga.
14 Viša sila
GO Sharing će biti oslobođen odgovornosti za bilo kakav gubitak, štetu ili prekid usluge koji proizilaze iz okolnosti koje su van naše razumne kontrole. Takve okolnosti uključuju, ali nisu ograničene na, tehnološke kvarove kao što su problemi s povezivanjem i nestanci struje; ekološki i prirodni događaji kao što su teški vremenski uslovi, poplave, zemljotresi i druge prirodne katastrofe; društveni poremećaji uključujući nerede, građanske nemire i terorističke akte; globalne ili regionalne vanredne zdravstvene situacije, uključujući epidemije, pandemije i karantine koje nameće vlada; i nepredviđene i neizbježne pojave koje se obično klasifikuju kao ‘Božja djela’. Osim toga, ovo izuzeće obuhvata i zakonska i regulatorna ograničenja ili direktive koje ometaju našu sposobnost pružanja usluga kako je to propisano. U takvim scenarijima, GO Sharing se neće smatrati odgovornim za bilo kakvo posljedično neizvršavanje ili kašnjenje u ispunjavanju naših obaveza u skladu sa ovim Uslovima.
15.1 Ugovor o privatnosti: Korištenjem naših Usluga pristajete da prikupljamo i obrađujemo vaše lične podatke u skladu sa GDPR i srodnim zakonima o privatnosti, kao i bosanskohercegovačkim Zakonom o zaštiti ličnih podataka. Naša sveobuhvatna politika privatnosti i kolačića, dostupna na našoj web stranici, opisuje naše prakse obrade podataka i predmet je periodičnih ažuriranja.
15.2 Tačnost i ažuriranje: Vi ćete osigurati da su vaši lični podaci tačni i ažurirani, i saglasni ste da ažurirate sve promjene na vašem Nalogu, posebno informacije za kontakt i plaćanje.
15.3 Posljedice davanja netačnih podataka: Ako se utvrdi da su vaši podaci netačni, možemo suspendovati ili deaktivirati vaš Nalog i raskinuti naš ugovor.
15.4 Razmjena podataka s vlastima: U pravnim okolnostima kao što su novčane kazne, krađa ili drugi prekršaji koji uključuju naša Vozila, dostaviti ćemo policiji tražene podatke, uključujući podatke o praćenju vozila i vaše kontakt informacije.
16.1 Izmjene i dopune i obavještenja: Zadržavamo pravo da izmijenimo ove Uslove i odredbe, sa promjenama koje će biti objavljene putem Aplikacije i na našoj web stranici. Nastavkom korištenja Usluge nakon izmjene, prihvatate ažurirane Uslove.
16.2 Validnost odredbe: Ako se bilo koja odredba smatra nevažećom ili neprovodivom, preostali Uslovi ostaju na punoj snazi.
16.3 Mjerodavno pravo i nadležnost: Bosanskohercegovački zakon reguliše ove Uslove. Sporovi su u nadležnosti Općinskog suda u Sarajevu/Banja Luci/Mostaru, osim ako zakonom nije drugačije određeno.
16.4 Ustupanje prava: Možemo prenijeti svoja prava i obaveze prema ovim Uslovima, a vi pristajete na takve prijenose. Nadalje, zadržavamo pravo da iz bilo kojeg razloga prenesemo svoja potraživanja protiv vas. U takvim slučajevima ćemo vas obavijestiti. Vaše obaveze plaćanja se zatim prebacuju na novog nosioca potraživanja, čime nas u potpunosti oslobađaju tih specifičnih obaveza. Ostati ćemo dostupni za opšte upite i žalbe.
16.5 Rješavanje sporova: U slučaju sporova, težimo sporazumnom rješavanju. Ako ne budu riješeni, sporovi će biti izneseni pred bosanskohercegovačkim sudovima
16.6 Pisana komunikacija: Komunikacija, uključujući pravna obavještenja, može se obavljati putem e-maila, zadovoljavajući zakonske zahtjeve za pismenu komunikaciju.
16.7 Završetak usluge: Po završetku pojedinačnog ugovora o iznajmljivanju, potvrđujete izvršenje naše usluge i odričete se svog prava na raskid ugovora prema posebnim odredbama bosanskohercegovačkog zakona.
LEGAL NOTICE AND GENERAL TERMS & CONDITIONS OF “GO SHARING” – SPAIN
We are Go Sharing Spain S.L.U. (hereinafter, “GO Sharing“) and we offer shared (electric) mobility as a new, flexible way of transportation. Our vision is to contribute to a green planet with mobility owned by everyone, shared by everyone. With our shared (electric) vehicles, we connect cities for everyone in a fun and sustainable way. By sharing, we all contribute to a green planet.
We offer our services via an application (hereinafter, the “App“). You can find more information about our services on the website: [www.go-sharing.com] (hereinafter, the “Website”). Our services, App and Website will collectively be referred to as the Services.
This Legal Notice and General Terms & Conditions is also complemented by the Privacy Policy of GO Sharing that can be consulted in the corresponding section of our App and Website.
Access to the App or the Website of GO Sharing it entails acceptance of the terms and conditions laid down in this Legal Notice and General Terms & Conditions. This is why you must read its contents carefully if you want to access in the Website and/or the App and make use of the Services.
Go Sharing Spain S.L.U. is a company of Spanish nationality with Tax Identification Number B55441380 and registered office at Sevilla, and email adress support@go-sharing.nl, registered in the Mercantile Registry of SEVILLE, sheet SE-144785, Folio Folio electrónico IRUS: 1000423269364.
3.1. General:
These are the General Terms and Conditions (hereinafter, the “T&C“) that regulate the use the Services of GO Sharing which are applicable to all Users (hereinafter, the “Users“). By accessing and using this App and/or Website, the User acknowledges that he/she has read and accepted these T&C.
The purpose of these Terms and Conditions is to regulate the use of the Service by Users.
In order to reserve, unlock, rent and use of our shared electric vehicles (hereinafter, the “Vehicles“), the User must accept these Terms and Conditions when registering through the GO Sharing App.
The User can download the GO Sharing application from the Apple App Store or Google Play Store. Once he/she has downloaded the application and created an account, the User will find all the GO Sharing vehicles available in the application. The User searches for a vehicle and unlocks it with the App if he/she is next to it and then, enjoys his/her ride.
The User shall at all times respect the applicable traffic and circulation rules and comply with the commitments of reservation, use and return of the Vehicle in accordance with these Terms and Conditions. Consequently, the User understands and is aware of the risks inherent to driving to which he/she is exposed during the rental of the Vehicle and assumes responsibility for the same.
GO Sharing reserves the right to modify the present T&C, as well as any other general or particular conditions that may be applicable. Any changes made will be announced to the User by email and/or the publication thereof on the Website and the App. Changes shall be deemed approved if the User does not object to them within a maximum period of one month from the announcement of the relevant change. GO Sharing may also require the User to expressly accept the new Terms and Conditions and/or Tariffs when using the Service. The fact of making a new lease or use once the changes have been communicated will imply the implicit acceptance of the same.
3.2. Account / User Registration:
You are responsible for your Account, including its accuracy, security and use, as well as access to it.
If you suspect that someone else is using your Account, you should immediately notify our Customer Service.
If we suspect that you are in breach of the Rental Agreement, we may refuse your registration, block your Account or suspend, terminate or otherwise limit our Services (including the Use itself) at our discretion. We may refuse your registration for no reason.
You are not permitted to give access to your Account to others and you are not permitted to use the personal information, payment credentials or personal identification documents (such as a driver’s license) of a third party or person for the creation of the Account.
Use of the Service is conditional upon prior registration by the User on the platform, as well as acceptance of these Terms and Conditions and delivery of the relevant documentation to GO Sharing, whenever required by GO Sharing.
In order to register as a User of the Service, the User must meet the following requirements:
(a) type A1 license with any seniority.
(b) type B license with a minimum age of 3 years.
(c) driving licenses issued within the European Union and/or the European Economic Area or Switzerland analogous to the above.
Said license may not be suspended, withdrawn or revoked when registering as a User of the Service and throughout the duration of the contractual relationship between the User.
Driving licenses issued outside the European Union must be validated in each case, for which GO Sharing may request the documentation or accreditation it deems necessary in each case.
In case of loss or withdrawal of the driving license, the right to drive the Vehicle and to make Rentals shall be immediately suspended during the period of loss or withdrawal of the license, for those types of vehicles for which such a license is required. Users shall immediately inform GO Sharing of the suspension or limitation of their right to drive, of the effectiveness of any prohibition to drive or of the temporary withdrawal or retention of their driving license. The temporary or total withdrawal of the driving license will imply respectively the suspension or cancellation as a user. Users must re-validate their licenses once renewed or recovered after their withdrawal. The improper use of the service by a user with a withdrawn driving license will be the sole responsibility of the user, who must respond for the totality of the responsibility derived from the fact and in its case for the damages that it can cause.
The User guarantees that the personal data provided are truthful and is responsible for communicating any changes in them. The User will be the only responsible for any damage or harm that could be caused to GO Sharing or any third party due to the completion of the forms with false, inaccurate, incomplete or unauthorized data.
GO Sharing reserves the right to deny the registration of a user if it deems it necessary due to any anomaly in the registration or any circumstance that does not comply with the principles of GO Sharing internal policy.
3.3. Use of Vehicles:
Booking Disclaimer: A successful booking does not necessarily guarantee the availability of the Services in operation. By booking, the User acknowledges and accepts the possible unavailability of the Services.
Confirmation of termination of use: The use of the Services is officially terminated only when we send a confirmation message in the App., indicating that the use has been successfully completed.
Limited usage period: The period allowed to use our Services is strictly limited to a maximum of seven days. Exceeding this duration constitutes a breach of these Terms and may result in additional charges or legal action.
Responsible Use and Conduct: The User shall respect all applicable traffic and decency rules and standards of decency. The Vehicles and the Services must be handled with the utmost care, ensuring responsible use at all times.
Battery Requirements: Before commencing use, it is the User’s responsibility to check and ensure that the Vehicles have adequate battery capacity for the intended trip. Failure to return the Vehicles with the required battery level will be considered a breach of these Terms and Conditions.
Mandatory Lock: Upon termination or mid-term cessation of use, it is mandatory to securely lock the Vehicle via the App.
Vehicle Return Rules: After use, Vehicles, together with any of their accessories, must be returned in a clean, complete condition and devoid of any personal property. Failure to comply may result in additional fees and/or cleaning charges.
Photographic documentation requirements: After using the Vehicles, you must take a clear photograph of the car’s license plate, the vehicle’s position on the street, where it has been left parked and its general condition. Failure to provide a compliant photograph may result in your liability for damages or fines incurred due to improper parking or other related issues.
Immediate Response to Vehicle Warnings: If any warning signs are displayed on the Vehicle’s dashboard, you must stop using the Vehicle immediately and contact our Customer Service to assess whether it is safe to continue your journey.
Liability for Rule Violation Costs: The User shall bear all costs arising from the use of the Vehicles in contravention of applicable road rules or these terms. These costs include, but are not limited to, administrative and debt collection costs, especially in cases where the vehicle has been impounded or towed.
User’s responsibility for technical compatibility: The User is solely responsible for owning and using a mobile device that meets all the technical requirements necessary for the use of our App. Incorrect or incompatible use of the device that causes the interruption of the service will be your responsibility.
Specific Parking Protocols: When using the Vehicles, you must park them in accordance with the instructions, signs and warnings of the App and always respecting traffic laws and restrictions mandatory traffic laws and local restrictions.
Strict Prohibitions on the Use of the Vehicles: Under no circumstances is smoking or transporting pets in the Vehicle, as well as driving under the influence of prohibited substances, permitted. Violation of this rule will result in penalties and possible legal action.
User’s sole responsibility and fines: All fines incurred during the use of the vehicle will be charged to the registered driver. It is strictly prohibited for anyone other than you to use the Vehicle.
Excess policies for Vehicles: the standard excess is set at €1000 for shared mopeds and €500 for bicycles and scooters, which can be waived for an additional charge of €0.05 per minute.
Use within Designated Service Areas (“Service Area”): Use of the Vehicles is strictly limited to the Designated Service Areas as indicated in the Application. Failure to comply with these restrictions may result in additional charges and legal consequences:
Violation of these rules may result in additional charges, including, but not limited to, costs incurred by us due to non-compliance, and possible claims for lost profits.
3.4. Damage to the Vehicles:
Pre-Use Inspection: Before using the Vehicle, the User must inspect the Vehicle for existing damage, including severe dirt and missing parts.
Notification of unrecorded damage: If you find damage not indicated in the App, notify us immediately via the App.
Decision on the suitability of the Vehicle: If the Vehicle is deemed unfit for use, the User must either give up the use of the Vehicle or contact Customer Service.
Damage occurring during the trip: Report any damage or technical problems occurring during the trip, contact Customer Service and follow their instructions.
User’s Liability for Damage: The User is liable for any damage arising pursuant to your use of the Services, except if:
3.5. Accidents involving the Vehicles:
Notifying the police: In case of an accident, immediately notify the police for official registration.
Filing a claim form: Complete and truthfully fill out a claim form, available from Customer Service. Send the form to the address provided by Customer Service within seven days.
Reporting to Customer Service: Report the accident to Customer Service if reporting to the police is not feasible or after it has been made. Follow the instructions of Customer Service.
User’s Liability for False Claims: Any liability claim made without just cause is the responsibility of the User. GO Sharing and its insurers are not bound by unauthorized representations or undertakings.
User’s Liability for Damages: The User is liable for all direct and indirect damages to GO Sharing resulting from the accident, unless proven otherwise or if the damages result directly from GO Sharing’s instructions.
Processing of Indemnities: Any compensation received for damage to the Vehicle must be paid directly to GO Sharing.
3.6. Loss or theft of the Vehicle:
Immediate Notification: In case of loss or theft of the Vehicle while using the Services, immediately inform Customer Service and follow their instructions.
User’s Liability for Theft/Loss: The User is liable for any damage due to loss or theft, except when he/she proves that it was not your fault.
Circumstances Constitutive of Theft or Loss: Theft or loss is presumed if:
3.7. Payment of the service
Registration as a User is free of charge.
The fees for the use of the Service may be updated at any time through the App. The prices are final prices including the legally applicable VAT.
In any case, prices will be subject to bonuses, promotions or special prices that apply and are notified at the time under the conditions established in each promotion. The rates, promotions or bonuses may vary depending on the town where the use or lease is contracted.
The computation of the time of use of the leased Vehicle shall be computed from the moment of unlocking the Vehicle until the proper termination of the Vehicle Lease. In any case, the amounts and rates established for the Lease in question at any given time shall apply.
The fees applicable to the Service shall be charged by GO Sharing, through the means of payment provided by the User. The User shall ensure that the means of payment used has sufficient credit. In the event that he/she does not have sufficient funds to meet a charge, he/she shall pay GO Sharing the bank charges or costs of the bank or payment provider used, as well as the corresponding penalty in accordance with the Tariffs in force.
Non-payment will result in the temporary suspension of the User’s account, which will be notified for the regularization of the outstanding invoices and reactivation of the same, within a maximum period of 15 (fifteen) calendar days, without prejudice to the corresponding penalties set forth in the corresponding table.
If such regularization is impossible, GO Sharing will proceed to terminate the contract with the User and to the adoption of the claim actions it deems necessary in order to compensate for the damages caused.
The User may request the sending of an invoice for the use of the Service by contacting Customer Service.
3.7. Consequences for violating the rules relating to the use of the Vehicles, and relating to damage, accidents, theft or loss:
If, in GO Sharing’s reasonable assessment, you violate one of the rules set forth in the relevant articles you will be charged as follows:
Rent-related expenses:
Misuse / Improper use:
Damages:
Traffic violations:
Loss or theft:
Administrative expenses:
Other
GO Sharing reserves the right to prohibit you from using certain types of vehicles if we believe that the User has violated or will violate any of the terms of use, or for other significant reasons at our discretion.
In addition, the User is responsible for any fines incurred during their rental period, such as for illegal parking. Administrative fees will be charged for the processing of these fines. GPS and other relevant data will be provided to governmental authorities for monitoring and law enforcement purposes.
3.8. Credit:
If you purchase a credit for Use (the Credit), the date of issue will be the moment the
Credit is visible on the Account.
Credits in the context of promotional activities are valid for 30 days. Other Balances
will expire one (1) year from the date of issue.
Credits are personal and cannot be exchanged for money after the expiry of any
statutory cooling-off period.
Any refund is only possible for unopened Credits.
3.9. Payment, disputes regarding the fees, collection of debt:
Payment Obligation: By using our Services, you acknowledge and accept that you are legally bound to pay the fees as stated in our App, including any applicable subscriptions or discounts. Your agreement to these terms confirms your commitment to this payment.
Payment Method Selection: Before starting your ride, you must add and select a valid
payment method. If a security deposit is required, you authorize us to charge it. You accept that providing false payment information may lead to legal consequences.
Late Payment: If your payment is overdue, we will initiate a collection procedure. You
agree to bear all related costs, acknowledging that these will be passed on to you.
Damage and Accident Liability: In case of damage or an accident while using our service, you agree to pay the applicable excess fee. We will refund any excess if the actual costs are lower than the charged amount.
Acceptance of Fines: By agreeing to these terms and by using our Services, you accept responsibility for paying any fines, fees, or penalties incurred during the use of our Services, including for traffic violations or damages. By agreeing to these terms and by using our Services, you also explicitly accept that such fines, fees, or penalties incurred during the use of our Services will be deducted automatically and without advance notice by GO Sharing from your payment method.
Fee Calculation: The total fee for each ride is calculated based on the duration of use, from unlocking to locking the Vehicles. By agreeing to these terms and by using our Services, you agree to this calculation method and the charges incurred.
Accurate Payment Profile: You are responsible for maintaining accurate and up-todate
payment profile information. Inaccurate information may result in legal action against you.
Handling Payment Failure: If your payment fails, we reserve the right to suspend your
account and take legal action to recover the amount due, including through debt collection.
Third-Party Payment Authorization: If using a third-party’s payment details, you confirm that you have their written consent. Failure to provide such consent can result in legal action against you for unauthorized use.
3.10. Third Party Billing:
We may contact the third party whose payment details you have provided (“the Third Party”) directly in order to verify whether you have obtained the required consent thereto.
If you do not have permission, you must pay the outstanding claims yourself and you are liable for any damage suffered by us.
If you have permission, then the Third Party is jointly and severally responsible and liable with you for all obligations arising from these Terms and Conditions.
3.11. Insurance and excess:
The liability insurance shall be subject to the terms of the policy and the general conditions regarding compulsory motor vehicle insurance provided for in the Insurance Contract Law.
The insurance coverage shall not apply if the damage is caused deliberately or negligently by the User.
In the event that the User breaches any obligation under the Insurance Contract Act and this results in exemption from payment by the insurer, the insurance coverage provided for shall not apply.
In the event that the damage is caused by intent or gross negligence, the User shall be liable to GO Sharing in accordance with the Insurance Contract Act.
In case of damage to the Vehicle, the User’s liability is limited to the amount of the agreed excess: Insurance Conditions, if the Vehicle has been used in accordance with the Terms and Conditions and the damage has been notified without undue delay to GO Sharing in force at the time of the loss.
The User shall be liable for all damage caused if he/she fails to duly complete the Accident Report, or if applicable, the corresponding accident or theft report, containing the details of the vehicles, drivers and circumstances of the accident.
Accessories (helmet, smartphone holder, trunk, …) are not covered by the insurance and are under the responsibility of the User.
The insurance shall not cover damages, theft or robbery of personal belongings left inside the vehicle, as well as damages or harm to oneself or third parties caused as a consequence of driving the vehicle in conditions contrary to the traffic and road safety regulations, as well as in the case of driving the vehicle by a third party other than the User.
The value of the insurance excess is linked to the Tariff established in the Insurance Conditions. The excess or any reduction thereof shall not apply, and the User shall be liable for all damages caused in the event of non-compliance by the User with the obligations set forth herein, including the obligation to pay.
3.12. Liability of GO Sharing:
GO Sharing accepts liability solely for actions involving intentional misconduct or gross recklessness directly attributable to its executives. This encompasses deliberate acts or omissions and willful negligence that are conclusively proven.
In circumstances where GO Sharing’s liability is established, it is restricted to the extent covered by our applicable insurance policies. Any compensation awarded shall be in accordance with the terms and limits of said insurance, subject to prevailing legal stipulations.
If an incident falls outside our insurance coverage, GO Sharing’s cumulative liability shall not exceed EUR 25,000. This cap applies irrespective of the number of claims made.
We explicitly disclaim responsibility for any loss, damage, theft, or destruction of personal items stored, transported, or inadvertently left in our Vehicles. This extends to items affected by third-party actions, such as municipal services, parking facilities, vehicle cleaning or repair companies, and even misuse or negligence by previous users of our Vehicles.
Our liability does not cover any indirect, incidental, special, or consequential damages. This includes loss of profits, revenue, anticipated savings, business contracts, opportunities, goodwill, reputation; loss or corruption of data due to system malfunctions
or cyber-attacks; harm to goods or persons using our vehicles; and any other intangible
losses or damages that may arise from the use of our Services.
These limitations are aligned with mandatory legal duties and do not aim to limit liability in instances where it is legally prohibited or in matters involving gross negligence or willful misconduct on our part.
We are not liable for the actions or inactions of other parties we engage with or other users of our Services. This includes, but is not limited to, damages arising from parking
violations, repairs, cleaning, or unauthorized use of our Vehicles by others. Third parties
engaged by us can directly invoke these Terms and Conditions and Instructions against
any claims made by the User.
We bear no responsibility for the loss of items by the User in our Vehicles. This encompasses items forgotten, stolen, or damaged during the usage of our Services.
3.13. User´s liability and indemnification:
You, as User, are solely responsible for any direct, indirect, incidental, consequential, or special losses, damages, and costs arising from your use of GO Sharing’s services. This includes, but is not limited to, any loss or damage to the Vehicles and accessories, costs
incurred due to accidents, and any associated administrative penalties and fines.
You assume all risks and liabilities associated with the use of any supplementary features on GO Sharing’s Services, such as mobile phone holders. You will be solely responsible for any resultant damages or expenses.
Extensive Indemnification: You agree to indemnify and hold GO Sharing harmless against all fines, penalties, legal claims, actions, liabilities, losses, expenses, and damages, including reasonable legal costs, related to your negligent or willful misuse of
our services, violation of these terms, misrepresentation through our app, and any resulting harm, including personal injuries or property damage. Your obligation to indemnify GO Sharing remains valid beyond the termination of any rental agreement.
Account Suspension for Breach: In the event of a breach of these terms, GO Sharing reserves the right to temporarily or permanently suspend or deactivate your account. We
will make reasonable efforts to notify you of any such action.
3.14. Customer Service Center / Complaints:
In case of any doubt about the present Terms and Conditions, the Service or for any complaint, the User may contact GO Sharing through its Service Center by sending an email to address support@go-sharing.nl during business hours or by the contact details provided in section 2 of this document.
3.15. Industrial and Intellectual Property:
The use by the User of the Service, the Website or the Application does not grant the User any rights over the industrial and intellectual property rights of GO Sharing or any third party, and the User undertakes to respect each and every one of the industrial and intellectual property rights, including trademarks, logos, domain names or any other industrial or intellectual property right owned by GO Sharing or third parties.
It is expressly forbidden for the User to carry out any act of reproduction, distribution, public communication or other forms of making available, transformation and, in general, any other form of exploitation of any content, information or materials that the User may access through the Service, the Website or the App, either in whole or in part, unless expressly authorized in writing by the owner of such elements.
3.16. Right of withdrawal:
Users have the right of withdrawal from the contracting and registration process as a registered User (and, where applicable, from these T&C), within fourteen (14) calendar days from the date of subscription, provided that they have not proceeded to make any Vehicle Lease. The Leases cannot be withdrawn or cancelled by the User once they have been confirmed by GO Sharing, in accordance with the provisions of the regulations on the defense of the rights of consumers and users. Therefore, the formalization of a first Lease shall entail for the User the loss of the aforementioned right of withdrawal.
To exercise the right of withdrawal, the User must contact GO Sharing through the website or the App, by telephone call to the Customer Service Center or by sending by email the withdrawal form included at the end of these Terms and Conditions, informing about his decision to withdraw from this contract by means of an unequivocal statement.
3.17. Applicable Law and Jurisdiction:
This Agreement shall be governed by Spanish common law. If the User has the status of consumer or user under the provisions of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, this Agreement shall also be subject to these regulations and / or any applicable local legislation.
Unless the User has the status of consumer and user, the User and GO Sharing submit, waiving any other jurisdiction that may correspond to them, to the Judges and Courts of the city of Barcelona (Spain) in relation to any dispute regarding the validity, effectiveness, compliance, interpretation, execution or any other matter relating to this Contract or the Contractual Relationship in general.
The provisions of this General Condition shall not prevent the invocation by Users who have the status of consumer or user of the regulations or jurisdiction that apply to them with respect to the Contractual Relationship.
Users acting in their capacity as consumers may also submit any dispute arising out of or in connection with this Agreement to an Alternative Dispute Resolution procedure if applicable.
Notwithstanding the foregoing, GO Sharing does not undertake and is not obliged to take part in online dispute resolution proceedings before the consumer arbitration body.
3.18. Force majeure:
GO Sharing shall be exempt from liability for any loss, damage, or service interruption
arising from circumstances beyond our reasonable control. Such circumstances include,
but are not limited to, technological malfunctions like connectivity issues and power outages; environmental and natural events such as severe weather conditions, floods, earthquakes, and other natural disasters; societal disturbances including riots, civil unrest, and acts of terrorism; global or regional health emergencies, including epidemics,
pandemics, and government-imposed quarantines; and unforeseen and unavoidable occurrences typically classified as ‘Acts of God.’ Additionally, this exemption extends to
legal and regulatory constraints or directives that impede our ability to deliver services as stipulated. In such scenarios, GO Sharing shall not be held accountable for any consequent non-performance or delay in the fulfillment of our obligations under these terms.
3.19. Personal data
Privacy Agreement: By using our Services, you consent to us collecting and processing your personal data in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, regarding the protection of individuals as regards personal data processing and the free flow of such data, repealing Directive 95/46/EC (hereinafter, the “GDPR”) and related privacy legislation. Our comprehensive privacy and cookie policy, accessible on our website, outlines our data processing practices and is subject to periodic updates.
Accuracy and Updates: You ensure that your personal data is accurate and current, and agree to update any changes in your account, especially contact and payment information.
Consequences for Inaccurate Data: If your data is found to be incorrect, we may suspend or deactivate your account and terminate our agreement.
Data Sharing with Authorities: In legal circumstances like fines, theft, or other offenses involving our vehicles, we will disclose necessary data, including vehicle tracking and your contact details, to law enforcement.
3.18. Other provisions:
Modifications and Notification: We reserve the right to modify these Terms and Conditions, with changes communicated through the App and on our Website. Through your continued use of the service after the modification, you agree and accept the updated terms.
Validity of the provisions: If any provision is held invalid or unenforceable, the remainder of the Terms shall remain in full force and effect.
Assignment of Rights: We may assign our rights and obligations under these Terms, and you consent to such transfers. In addition, we reserve the right to assign our claims against you for any reason. In such cases, we will notify you. Your payment obligations will pass to the new credit holder, releasing us entirely from those specific obligations. We will remain at your disposal for general queries and claims.
Written communication: Communication, including legal notices, may be made via email, complying with the legal requirements for written communication.
Termination of service: By completing an individual rental agreement, you have full knowledge of our service and waive your right to dissolve the agreement under the specific provisions of Spanish law.
If you have any questions, comments or concerns regarding the use of the Services and these T&C, please contact us through the contact details provided in section 2 of this document.
These are the general terms and conditions (“the Terms and Conditions”) of Go Sharing B.V. (“GO Sharing”) that declares these Terms and Conditions applicable to all the Users (“The Users” / “You / “you””) who use the GO Sharing App (“the App“) and any other GO Sharing services.
To reserve, unlock, rent and use (“the Services”) of our shared vehicles (“the Vehicles”), the User must accept these Terms and Conditions when registering through the GO Sharing App. You must provide us with all necessary information to complete the verification procedure for activating your account (“the Account”). After our confirmation of your reservation, a rental agreement (“the Rental Agreement”) will exist between us.
If you want to know more, visit the GO Sharing website: www.go-sharing.com (“the Website”) or contact our customer service (“the Customer Service”).
2.1 You are responsible for your Account, including its accuracy, security, and use, as well as access thereto.
2.2 If you suspect that someone else is using your Account, you must report this immediately to our Customer Service.
2.3 If we suspect non-compliance with the Rental Agreement, we may refuse your registration, block or temporarily suspend your Account, terminate, or otherwise limit our Services (including the Use itself) at our discretion. We may refuse your registration without giving any reason.
2.4 It is not allowed to give other persons access to your Account, and it is not allowed to use the personal information, payment credentials or the personal identification documents (such as driving license) of a third party or person for the creation of the Account.
3.1 Reservation Disclaimer: A successful reservation does not necessarily ensure the availability of functioning Services. By reserving, you acknowledge and accept the potential unavailability of Services.
3.2 Usage Termination Confirmation: The use of the Services is officially concluded only when we send a confirmation message in the App stating that the usage has been successfully terminated.
3.3 Limited Usage Period: The allowed period for using our Services is strictly limited at a maximum of seven days. Exceeding this duration is a breach of these Terms and Conditions and may result in additional charges or legal action.
3.4 Responsible Use and Conduct: You must adhere to all applicable rules of the road and standards of decency. The Vehicles and the Services should be handled with utmost care, ensuring responsible usage at all times.
3.5 Battery Requirements: Before initiating use, it is your responsibility to check and ensure that the Vehicles has adequate battery capacity for your intended journey. The battery level and what distance can be travelled with it is displayed in the App. Failing to return the Vehicles with the necessary battery level will be considered a violation of Sec. 7.1 of these Terms and Conditions. The “adequate battery capacity” is to be understood as the necessary battery level, which is necessary to cover five kilometers or at least the distance to the closest charging station in moderate road conditions in city conditions. For the purposes of these Terms and Conditions, “moderate road conditions” refers to urban roads that are in good repair, without significant defects such as large potholes, excessive debris, or severe structural damages. Examples of moderate road conditions include, among others:
3.6 Mandatory Locking: Upon the completion or mid-term cessation of your use, it is mandatory to securely lock the Vehicle through the App.
3.7 Vehicle Return Standards: Post-use, the Vehicles, along with any of its accessories, must be returned in a clean, complete state, devoid of any personal property. Non-compliance may result in additional cleaning fees and/or charges.
3.8 Photographic Documentation Requirements: After using the Vehicles, you are required to take a clear photograph in the App showing the Vehicle’s number plate or ID number if any, its position on the road, and overall condition. Failure to provide a compliant photograph may result in your liability for any damages or fines incurred due to improper parking or other related issues.
3.9 Immediate Response to Vehicle Warnings: If any warning signs are displayed on the Vehicle’s cluster/dashboard, you must immediately cease using the Vehicle and contact our Customer Services to assess whether it is safe to continue the journey.
3.10 Liability for Rule Violation Costs: You will bear all costs resulting from the reproachable use of the Vehicles in contravention of applicable road rules or these terms. Even slight reproachable behavior contrary to these Terms and Conditions is of relevance. These costs include, but are not limited to, administrative and debt collection expenses, especially in cases where the vehicle has been impounded or towed.
3.11 User Responsibility for Technical Compatibility: You are solely responsible for possessing and using a mobile device that meets all technical requirements necessary for the use of our App. Incorrect or incompatible device usage leading to service disruption will be your responsibility.
3.12 Specific Parking Protocols: When using the Vehicles, you must park them in line with the instructions, signs and warnings within the App and always in adherence with the mandatory traffic laws and local restrictions.
3.13 Strict Prohibitions in Vehicle Use: Under no circumstances is smoking or transporting pets in the Vehicle permitted as well as riding under influence of any forbidden substances. Violation of this rule will result in penalties and potential legal action.
3.14 Exclusive User Responsibility and Fines: All fines incurred during the use of the Vehicle will be charged to the registered driver. It is strictly prohibited for anyone other than you to use the Vehicle.
3.15 Deductible Policies for the Vehicles: the standard deductible is set at €1000 for shared mopeds and €500 for bicycles and scooters, which can be waived for an extra charge of €0.05 per minute.
3.16 Use within Designated Service Areas (“Service Area”): Use of the Vehicles is strictly limited to designated Service Areas as marked in the App and failure to comply with these area restrictions can result in additional charges and legal consequences:
3.17 Violations of these rules may result in additional charges, including but not limited to, costs incurred by us due to non-compliance, and potential claims for lost profit.
4.1 Pre-Use Inspection: Prior to using the Vehicle, you must inspect it for existing damages, including severe dirt and missing parts.
4.2 Reporting Unrecorded Damage: If you find damage not indicated in the App, report it immediately through the App.
4.3 The Vehicle Suitability Decision: If the Vehicle is deemed unsuitable for use, either relinquish its use or contact Customer Services.
4.4 Damage Occurrence During Journey: Report any damages or technical issues that occur during the journey and contact Customer Services promptly and adhere to their instructions.
4.4 User Liability for Damages: You are liable for any damages incurred due to at least slightly negligent behavior in accordance with your use of the Services, except if:
5.1 Police Reporting: In the event of an accident, promptly report it to the police for official registration.
5.2 Claim Form Submission: Complete and truthfully fill out a claim form, available from Customer Services. Submit the form to the address provided by Customer Services within seven days.
5.3 Reporting to Customer Services: Report the accident to Customer Services if police reporting is not feasible or after it’s done. Follow any instructions given by Customer Services.
5.4 User Liability for False Claims: Any liability claims made without due cause are the User’s responsibility. GO Sharing and its insurers are not bound by unauthorized declarations or commitments.
5.5 User Liability for Damages: You are liable for all direct and indirect damages to GO Sharing resulting from the accident due to at least slightly negligent behavior by you, unless proven otherwise or if damages result directly from GO Sharing’s instructions.
5.6 Compensation Handling: Any compensation received for the Vehicle damage must be paid directly to GO Sharing.
6.1 Immediate Reporting: In case of the Vehicle loss or theft during the use of the Services, report immediately to Customer Services and adhere to their instructions.
6.2 User Liability for Theft/Loss: You are responsible for any damages due to loss or theft because of your at least slightly negligent behavior. .
6.3 Circumstances Constituting Theft or Loss: Theft or loss is presumed if:
7.1 If, you verifiable and culpable violate one of the rules stated under the relevant articles, you will be charged as follows as compensation for the costs incurred as a result of your culpable behavior. You must bear all costs arising from your culpably unlawful use of the Vehicles. This includes, for example but not exclusively, the approx. cost for the cases listed below. As soon as we become aware of such a situation, we will inform you immediately in certain cases so that you can help clarify the matter and avoid unnecessary costs.
The following amounts are approximate estimates based on previous experience in these or similar cases provided for your orientation. The specific amount of damage to be compensated by you is based on the actual costs incurred by us, for example, in cases when the police or any other national authority issues a ticket or a decision against GO Sharing as the license plate owner, as well as other costs incurred by repairs or traffic fines, towing costs, or other costs like administration efforts due to violation of our rules etc. GO Sharing will always provide you with a corresponding invoice for the claim.
Approx. Rental related costs
Approx. costs related to improper use
Approx. costs related to damages
Approx. costs related to traffic violations / offense
Approx. costs related to loss theft
Approx. administration costs
Other
Costs of storage of found objects €0,-
7.2 GO Sharing reserves the right to prohibit your use of certain vehicle types if you have violated any terms of use, or for other significant reasons at our discretion, but mainly if you violate essential provisions of these terms and conditions according to previous sections, in particular section 7.1 and you do not cease and/or remedy your violations despite a warning from us. Additionally, you are responsible for any fines incurred during your rental period, such as for illegal parking. Administration costs will be charged for processing these fines. If legally required or because it is necessary for reasons of the legal defense of GO Sharing, we will also provide GPS and other relevant data to government authorities for supervision and enforcement purposes.
8.1 If you purchase a credit for Use (the Credit), the date of issue will be the moment the Credit is visible on the Account.
8.2 Credits in the context of promotional activities are valid for 30 days. Other Balances will expire five (1) year from the date of issue.
8.3 Credits are personal and cannot be exchanged for money after the expiry of any statutory cooling-off period, should one exist under local law. If the voucher has not expired, it can be exchanged for money.
8.4 Any refund is only possible for unopened Credits. Unopened Credits is to be understood as your unused balance, that you received by purchasing the Credit beforehand. Balances earned from the campaign are not considered as unopened Credits and cannot be refunded.
9.1 Payment Obligation: By using our Services, you acknowledge and accept that you are legally bound to pay the fees as stated in our App, including any applicable subscriptions or discounts. Your agreement to these terms confirms your commitment to this payment.
9.2 Payment Method Selection: Before starting your ride, you must add and select a valid payment method. If a security deposit is required, you authorize us to charge it. You accept that providing false payment information may lead to legal consequences.
9.3 Late Payment: If your payment is overdue, we will initiate a collection procedure. You agree to bear all related costs, acknowledging that these will be passed on to you.
9.4 Damage and Accident Liability: In case of damage or an accident while using our service, you agree to pay the applicable excess fee according to Sec. 3.15 if you have not opted for waiving the deductible against additional payment according to the GO Sharing policy. We will refund any excess if the actual costs are lower than the charged amount.
9.5 Acceptance of Fines: By agreeing to these terms and by using our Services, you accept responsibility for paying any fines, fees, or penalties incurred during the use of our Services, including for traffic violations or damages insofar as these have been demonstrably culpably caused by you. GO Sharing will contact you to avoid further damage and/or costs and to clarify the relevant underlying facts before any fines, fees, or penalties incurred during the culpably use of our Services will be deducted. All receipts regarding any fines, fees, or penalties will be made electronically available to you for your traceability. By agreeing to these terms and by using our Services, you also explicitly accept that such fines, fees, or penalties incurred during the culpably use of our Services will be deducted by GO Sharing from your payment method.
9.6 Fee Calculation: The total fee for each ride is calculated based on the duration of use, from unlocking to locking the Vehicles, considering further additional costs, according to Sec 3.15. By agreeing to these terms and by using our Services, you agree to this calculation method and the charges incurred. You can see the pricing in the App.
9.7 Accurate Payment Profile: You are responsible for maintaining accurate and up-to-date payment profile information. Inaccurate information may result in legal action against you.
9.8 Handling Payment Failure: If your payment fails, we reserve the right to suspend your account and take legal action to recover the amount due, including through debt collection according to the principles set out in Sec. 9.3.
9.9 Third-Party Payment Authorization: If using a third-party’s payment details, you confirm that you have their written consent. Failure to provide such consent can result in legal action against you for unauthorized use.
10.1 We may need to contact the third party whose payment details you have provided (“the Third Party”) directly in order to verify whether you have obtained the required consent thereto.
10.2 If you do not have permission, third-party’s payment details will be dislocated from your Account and you will need to update your payment details within 14 days of this action. Once your payment details are updated, you must pay the outstanding claims yourself and you are liable for any damage suffered by us.
10.3 If you have permission, then the Third Party is jointly and severally responsible and liable with you for all obligations arising from these Terms and Conditions.
11.1 GO Sharing accepts liability solely for actions involving intentional misconduct or gross recklessness to the extent permitted by law, except for personal injury . This encompasses deliberate acts or omissions and willful negligence .
11.2 In circumstances where GO Sharing’s liability is established, it is restricted to the extent covered by our applicable insurance policies to the extent permitted by applicable law. Any compensation awarded shall be in accordance with the terms and limits of said insurance, subject to prevailing legal stipulations.
11.3 If an incident falls outside our insurance coverage, GO Sharing’s cumulative liability shall not exceed EUR 25,000 to the extent permitted by applicable law. This cap applies irrespective of the number of claims made.
11.4 We explicitly disclaim responsibility for any loss, damage, theft, or destruction of personal items stored, transported, or inadvertently left in our Vehicles. This extends to items affected by third-party actions, such as municipal services, parking facilities, vehicle cleaning or repair companies, and even misuse or negligence by previous users of our Vehicles.
11.5 Our liability does not cover any indirect, incidental, special, or consequential damages to the extent permitted by applicable law. This includes, among others, loss of profits, revenue, anticipated savings, business contracts, opportunities, goodwill, reputation; loss or corruption of data due to system malfunctions or cyber-attacks; harm to goods ; and any other intangible losses or damages that may arise from the use of our Services.
11.6 These limitations are aligned with mandatory legal duties and do not aim to limit liability in instances where it is legally prohibited or in matters involving gross negligence or willful misconduct on our part.
11.7 We are not liable for the actions or inactions of other users of our Services. This includes, but is not limited to, damages arising from parking violations, repairs, cleaning, or unauthorized use of our Vehicles by others.
11.8 We bear no responsibility for the loss of items by the User in our Vehicles. This encompasses items forgotten, stolen, or damaged during the usage of our Services.
12.1 You are solely responsible for any direct, indirect, incidental, consequential, or special losses, damages, and costs arising from your use of GO Sharing’s services provided that no intentional or grossly negligent behavior on the part of GO Sharing is the cause of these losses, damages, and other costs. This includes, but is not limited to, any loss or damage to the Vehicles and accessories, costs incurred due to accidents, and any associated administrative penalties and fines.
12.2 You assume all risks and liabilities associated with the use of any supplementary features on GO Sharing’s Services, such as mobile phone holders. You will be solely responsible for any resultant damages or expenses provided that no intentional or grossly negligent behavior on the part of GO Sharing is the cause of these losses, damages, and other costs.
12.3 Extensive Indemnification: You agree to indemnify and hold GO Sharing harmless against all fines, penalties, legal claims, actions, liabilities, losses, expenses, and damages, including reasonable legal costs, related to your negligent or willful misuse of our services, violation of these terms, misrepresentation through our app, and any resulting harm, including personal injuries or property damage. Your obligation to indemnify GO Sharing remains valid beyond the termination of any rental agreement within the framework of the statutory limitation provisions.
12.4 Account Suspension for Breach: In the event of a breach of these terms, GO Sharing reserves the right to temporarily or permanently suspend or deactivate your account. We will notify you of any such action.
13.1 The Terms and Conditions must be terminated by the User in writing by e-mail to: info@go-sharing.nl or by reaching the call center via the chat button within the App).
13.2 In the event of violation of the Terms and Conditions, we can immediately terminate the Terms and Conditions without stating any reasons. Otherwise, a notice period of two weeks applies to both parties.
13.3 In the event of termination, you must immediately, but within 14 days at the latest, pay any outstanding payments.
14 Force majeure
GO Sharing shall be exempt from liability for any loss, damage, or service interruption arising from circumstances beyond our reasonable control. Such circumstances include, but are not limited to, technological malfunctions like connectivity issues and power outages; environmental and natural events such as severe weather conditions, floods, earthquakes, and other natural disasters; societal disturbances including riots, civil unrest, and acts of terrorism; global or regional health emergencies, including epidemics, pandemics, and government-imposed quarantines; and unforeseen and unavoidable occurrences typically classified as ‘Acts of God.’ Additionally, this exemption extends to legal and regulatory constraints or directives that impede our ability to deliver services as stipulated. In such scenarios, GO Sharing shall not be held accountable for any consequent non-performance or delay in the fulfillment of our obligations under these terms.
15.1 Privacy Agreement: Our comprehensive privacy and cookie policy, accessible on our website, outlines our data processing practices and is subject to periodic updates.
15.2 Accuracy and Updates: You ensure that your personal data is accurate and current, and agree to update any changes in your account, especially contact and payment information.
15.3 Consequences for Inaccurate Data: If your data is found to be incorrect, we may suspend or deactivate your account and terminate our agreement.
15.4 Data Sharing with Authorities: In legal circumstances like fines, theft, or other offenses involving our vehicles, we will disclose necessary data, including vehicle tracking and your contact details, to law enforcement.
16.1 Amendments and Notification: We reserve the right to modify these Terms and Conditions, with changes communicated through the App and on our Website. By continuing service use post-modification, you accept the updated terms.
16.2 Provision Validity: If any provision is deemed invalid or unenforceable, the remaining terms remain in full force and effect.
16.3 Governing Law and Jurisdiction: Dutch law governs these Terms. Disputes are subject to the jurisdiction of Amsterdam courts, unless otherwise mandated by law.
16.4 Assignment of Rights: We may transfer our rights and obligations under these Terms, and you consent to such transfers. Furthermore, we reserve the right to transfer our claims against you for any reason. In such cases, we will notify you. Your payment obligations then shift to the claim’s new holder, fully releasing us from those specific obligations. We will remain accessible for general inquiries and grievances.
16.5 Dispute Resolution: In case of disputes, we aim for amicable resolution. If unresolved, disputes will be brought before Amsterdam courts, unless otherwise mandated by law.
16.6 Written Communication: Communication, including legal notices, may be conducted through email (address:info@go-sharing.nl, satisfying legal requirements for written communication.
16.7 Completion of Service: Upon completing an individual rental agreement, you acknowledge the fulfillment of our service and waive your right to dissolve the agreement under specific provisions of Dutch law.
16.8 Information on the right of cancellation for rental agreements
You have the right to withdraw from this contract within 7 days without giving any reason.
The withdrawal period will expire after 7 days from the day of conclusion of the Rental Agreement or if the credit balance for a specific journey for which a Rental Agreement has been concluded has not yet been raised. The withdrawal period will expire also when the Limited Usage Period has been exceeded. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., by e-mail to info@go-sharing.nl or via the chat button in the App).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
16.9 Effects of the Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments (used but not redeemed credits) received from you, without undue delay and in any event not later than 7 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees because of such reimbursement.
