Terms and Conditions
READ THIS RENTAL AGREEMENT CAREFULLY BEFORE ACCEPTANCE. THEY STATES THE CONDITIONS OF USE OF THE GO SHARING PARTICULAR VEHICLES IN THE NETHERLANDS AND ARE LEGALLY BINDING
The following terms and conditions of the GO Sharing rental agreement (the “ Agreement ”) form a contract between you and Go Sharing BV, located at Keweitstraat 12, 4181 CD Waardenburg registered at the Chamber of Commerce under number 76717321 (“ GO Sharing ”). In consideration for Your use of the GO Sharing services in the Netherlands, provided by GO Sharing or its rights holders, GO Sharing requires You (hereinafter the “ User ” and addressed by the words “ You ”, “ Your ”), to act in the name and for the account of the User’s entire family, his heirs, affiliates, representatives, successors and assigns, and accepts all the terms and conditions in this Agreement.
The provision of services by GO Sharing includes, among others: (i) the GO Sharing mobile application (the “ GO Sharing App ”) and the associated website, (ii) the electric GO Sharing vehicles in the Netherlands (“ Vehicle ” or “ Vehicles ”), and (iii) any other equipment, personnel, services, applications, websites and related information provided or made available by GO Sharing (collectively, the “ GO Sharing Services ”).
THIS AGREEMENT CONTAINS CLAUSES OF WAIVER AND DISCLAIMER OF LIABILITY AND PROVISIONS ABOUT THE ACCEPTANCE OF RISKS, THAT LIMIT YOUR LEGAL RIGHTS AND FORMS OF REMEDIES. FOR MORE DETAILS WE REFER TO IN PARTICULAR 14 BELOW.
- You must end your journey on the GO Sharing App at the end of your journey and within the Service Area defined in the App. If you do not do this, the costs will continue to run until you have ended the journey correctly. For more details, please refer to articles 1.6 and 2.3 below.
- At the end of your ride, the Vehicle may not be parked in a prohibited parking area, including any unauthorized private property, in an enclosed area, or in any other unapproved, non-public area. Within the Service area where you are allowed to park, this must be done in a manner in accordance with applicable regulations and local ordinances, the parked vehicle must not cause any nuisance and a photo of the parked vehicle must be taken with the GO Sharing App .
- All applicable laws, including but not limited to those that apply to traffic, pedestrians, parking lots, charging stations and electric vehicles, must be obeyed, including any laws regarding the wearing of a helmet.
- You must immediately report a damaged or defective Vehicle to GO Sharing via the GO Sharing mobile app or via email, otherwise you will be liable for the full damage.
GO Sharing expressly accepts to rent the Vehicle and the User expressly accepts to rent it, subject to the conditions set out in the Agreement. Unless otherwise indicated, all monetary values stated in this Agreement are expressed in Euro currency.
If there is reason to believe that the customer will not comply with the provisions of the Agreement, GO Sharing has the right to refuse or terminate the registration of a customer, without the right to any compensation or refund from the customer. A customer is not allowed and possible to register multiple times.
RENT AND USE OF THE VEHICLE
1.1 The User is the sole user of the Vehicle. GO Sharing and the User are the only parties to this Agreement. The User is the sole tenant and solely responsible for compliance with all the conditions in this document. You acknowledge that when you activate a Vehicle at its location, it may only be used by you. You may not authorize a third party to use a Vehicle that you have activated on the pitch. Insofar as the user is 16 or 17 years old, they declare that they have obtained explicit consent from their parents or other legal authorities to enter into the Agreement.
1.2 The User is at least 16 years old. The User declares and confirms that he or she is at least 16 years old and declares: (i) to be in possession of a valid driver’s license to drive a passenger car or moped; (ii) have their valid driver’s license with them at all times during the rental.
The driving license for the GO Sharing e-scooter expires immediately after revocation or upon loss of the driving license for the period of loss or revocation. The above also applies for the duration of a driving ban. The customer is obliged to inform GO Sharing immediately if there is any revocation or restrictions of their driving license, driving bans that come into effect or a temporary seizure or temporary suspension of their driving license.
1.3 The User declares that he / she is familiar with the operation of the Vehicle, that he / she is reasonably competent and physically able to drive the Vehicle and that he / she uses the safety materials provided in the GO Sharing App and / or the website of GO Sharing’s. By his / her decision to use a Vehicle, the User accepts all responsibility and all risks of physical injury or health problems resulting from this use. It is your responsibility to assess whether conditions, including but not limited to rain, fog, snow, hail, sleet, heat or lightning make the use of the Vehicle hazardous. We advise you to adapt your driving behavior and the braking distance to the weather conditions, visibility.
1.4 The Vehicle is the exclusive property of GO Sharing or one of its group companies or suppliers. The User agrees that the Vehicle and all GO Sharing installations associated with it remain the exclusive property of GO Sharing at all times. You may not disassemble a Vehicle, disassemble any part of the Vehicle or any other installation of GO Sharing, or engrave or modify, repair or damage, in whole or in part and in any way whatsoever. You may not inscription on any stickers on a Vehicle, or remove, alter or damage them in any way. You may not use a Vehicle or other GO Sharing equipment for any advertising or commercial purpose without the express written consent of GO Sharing.
1.5 Availability of the Vehicles. The User accepts and acknowledges that the Vehicles are not available 24 hours a day, 7 days a week or 365 days a year. Vehicles must be rented within the maximum rental terms below. The User agrees that GO Sharing may require the User to return a Vehicle at all times.
1.6 Service Area and User Area. The User agrees to use and / or drive the Vehicle within which limits a Go Sharing Vehicle can be used (the “User Area”, in the Agreement being within the Netherlands) and further agrees not to be able to access the Vehicle report outside the permitted service area, which can be clearly read on the GO Sharing App, namely the ‘green’ area (the Service area). However, the User may park the Vehicle outside the Service area, but can therefore only check out the Vehicle and terminate its payment obligation if the Vehicle is parked within the Service area. GO Sharing is free to change the Service Area and User Area at any time, without the User’s consent.
1.7 The User is obliged to respect all regulations regarding the use and driving of the Vehicle. The User undertakes all legal provisions regarding the use, driving, parking, electric charging and / or putting into circulation of the Vehicle, including all national and local laws, regulations and ordinances and all rules and regulations that apply on the Vehicles in the area where you use the Vehicle, including all laws regarding the wearing of a helmet. The User also commits to be polite and respectful to others while using the GO Sharing services.
1.8 Prohibited Conduct. The User accepts the following:
- GO Sharing requests that you do not use a Vehicle while you are carrying an object that could unbalance, add additional weight or compromise its safe operation, transport or hold the Vehicle. If you choose to use such an object, GO Sharing requests that you check that it is perfectly adapted to your body and does not affect your ability to use the Vehicle in complete safety.
- You must not place objects on the steering wheel of the Vehicle, such as heavy bags or backpacks.
- When driving a Vehicle, do not use a cell phone, portable music player or other device that could distract you or compromise your ability to use the Vehicle safely.
- You may not use the Vehicle while under the influence of alcohol, drugs, medication or other substances that could compromise your ability to operate a Vehicle safely.
- You may not carry more persons than permitted by your driver’s license (and in all cases if safe) and you may not transport a child on a Vehicle.
- You may not use any mechanisms other than those provided by GO Sharing to lock the Vehicle. You may not add another lock to the Vehicle or lock a Vehicle other than in accordance with GO Sharing’s instructions.
- The vehicle may not be parked in a prohibited parking space. The Vehicle may not be parked in a private area where access is unauthorized, in an enclosed area, or in any other unapproved area that is not accessible to the public. You may not park the Vehicle in an area where there is a lot of traffic and the Vehicle could be hit.
- The Vehicle must be parked in a highly visible place, and placed vertically on the stand and You must park in a manner in accordance with applicable regulations and local ordinances, the parked vehicle must not cause nuisance and a photo of the parked vehicle must be vehicle with the GO Sharing App.
1.9 The Vehicle is only intended for a limited number of usage modalities. The User undertakes not to use the Vehicle to perform speed competitions, stunts or acrobatics. The User undertakes not to operate or use the Vehicle on unpaved roads, in flooded areas (other than normal city traffic) or in places where access is prohibited or illegal and not to use it in a way that causes inconvenience. could deliver to third parties. The User undertakes not to sublet the Vehicle, not to give driving lessons with it, not to use it for (meal) delivery or to use it on behalf of others and not to use it in violation of any law, regulation or regulation.
1.10 Weight and Loading Limits. You may not violate the total weight limit for a Vehicle in motion (150 kg, unless otherwise specified) and use the Vehicle with a maximum of two people.
1.11 Prohibition of alteration. You may not modify, attempt to access, or use the GO Sharing Services in any way other than as described in this Agreement.
1.12 Reporting of material damage or accidents. Traffic Violations and Enforcement. The User must report any damage, accident, collision, property damage, physical injury, traffic offenses, theft or loss of a GO Sharing vehicle as soon as possible. If a claim causes physical damage, material damage or involves theft of a Vehicle, the User must report this to the nearest police station within 24 hours and make the report immediately available to GO Sharing. Unless the User can prove that what follows was not caused by his or her actions, the User acknowledges that he / she is fully liable for any misuse and its consequences, all requests, complaints, grievances, damage, loss, liabilities, damages , physical injuries,
The User agrees that traffic violations and related fines or seizures are at the expense and risk of the User, including in connection with improper or unauthorized parking at the end of the rental period. These will be charged to the User including an administrative fee.
User agrees and acknowledges that GO Sharing may cooperate with law enforcement authorities to provide all necessary information as they may request or otherwise be required.
1.13 Liability of the User in the use of the Vehicle and material damage. The User undertakes to return the Vehicle to GO Sharing in the same condition as in which he received it for the rental. The User is not responsible for normal wear and tear.
1.14 Electric vehicle. The Vehicle is an electric Vehicle, the battery of which must be regularly charged in order to operate. The User undertakes to use and drive the Vehicle in all safety and in a prudent manner, taking into account that the Vehicle is an electric Vehicle and implies all the restrictions and requirements associated with this type of vehicle. The User understands and accepts each of the following points:
- The remaining electric charge level in the Vehicle will decrease as the Vehicle is used (depending on driving time and distance traveled) and with the reduction of the Vehicle’s battery electric charge, its speed and other functions may decrease (or may be completely cease).
- The electric charge level of the Vehicle at the time when the User starts the trip, or when the Vehicle comes into operation, is not guaranteed and varies according to the use during each trip.
- The rate of reduction of the battery’s electrical charge during the use of the Vehicle is not guaranteed and will vary depending on the type of Vehicle, traffic conditions, weather conditions, User characteristics and usage and other factors.
- It is the User’s responsibility to check the electrical charge level and operation of the Vehicle, specifically whether the tire pressure, the brakes, lights and steering, and verify that these are in order before operating the Vehicle. move.
- The distance or duration of use of the Vehicle per User before the battery is no longer sufficient is never guaranteed.
- It is possible that the Vehicle’s battery at any time during the Vehicle’s journey by the User and ceases to function, including before the User reaches the desired destination. The User must therefore keep an eye on the battery status at all times during his / her ride, park the Vehicle safely in time and end the ride, before the battery is completely empty.
The User acknowledges that he / she is fully liable for any misuse and its consequences, all requests, complaints, grievances, damages, losses, liabilities, damages, physical injuries, costs and expenses, penalties, attorney’s fees, judgments and legal proceedings, expenses of any kind or of any order whatsoever in connection with the loss or theft of a Vehicle.
1.15 Requirements for mobile devices and active internet connection. Unless otherwise stated in writing by GO Sharing, to activate the GO Sharing services with the GO Sharing App, You must use a smartphone or other (mobile) device that complies with the technicalrequirements and compatible with the GO Sharing App. Certain functions of the GO Sharing App, such as the ability to register with GO Sharing, unlock the vehicle, rent and end the rental of the vehicle, require an active network connection to the GO Sharing App. You are responsible for the availability and costs of your mobile data communication services. You are also responsible for ensuring that your mobile device has sufficient battery capacity. GO Sharing is not responsible if You are unable to unlock, use or end the journey due to a lost or interrupted network connection, a malfunction of the mobile device or an empty battery.
PAYMENT AND COSTS OF RENTAL.
2.1 Rental costs. The User may use the Vehicle in accordance with the price as described in the GO Sharing App, which may consist of a starting fee, fees based on distance or time (where the time is calculated based on each minute started and start and end times can be rounded up to whole minutes), and possibly a required minimum fee. The prices are subject to changes, which GO Sharing is entitled to change, as long as they have been communicated to the User prior to the ride. In any event, the costs and other duties may be subject to applicable taxes, including then-current VAT, which are charged and collected by GO Sharing. GO Sharing will contact the User (via credit card, debit card.
2.2 Driving credit can be acquired in the form of free minutes or Euro credits; it is also possible that free minutes or Euro credits are provided as part of promotional activities. Credit balance, in the form of free minutes or Euro credits, can only be used for payment of rental agreements. The driving credit can be purchased in the form of discount packages, whereby the rental price is related to the size of the package purchased, that is, the ride price per minute (or kilometer) is lower if a larger discount package is purchased. The free minutes and Euro credits expire three (3) years after origination or purchase respectively (on the understanding that free minutes or Euro credits that are first acquired or purchased will be used first).
2.3 Upper limit of the duration and amount of the rental costs. The maximum duration for the rental is 48 hours. The User agrees to inactivate the rental of the Vehicle within 48 hours after taking it into the rental. The User can then proceed to a new trip. The User agrees that he alone will monitor the elapsed time to lock the Vehicle within the allotted time frame. After the Vehicle has been returned, the accumulated rental costs or the maximum amount per day, whichever is the lower, will be charged to the User.
The rental time is calculated from the moment the Vehicle is unlocked via the GO Sharing App until the moment the User receives the confirmation via the GO Sharing App that the trip has ended. If you incorrectly end the ride, it may result in the ride not ending. If the trip does not end properly, the trip will remain active and the costs will continue. If, for any reason, you have technical problems ending a trip, you should report this to GO Sharing immediately via the GO Sharing App. Failure to report a problem ending a ride can result in ongoing charges.
Vehicles that are not returned within 48 hours (the trip ended) will be considered lost or stolen and the User may be charged up to the value of the Vehicle plus an administration fee. GO Sharing may also charge additional service charges for renting more than 48 hours when the Vehicle is not lost or stolen.
2.4 Valid Payment Method. In order to use the GO Sharing services, the User must provide GO Sharing with a valid credit or debit card number, together with its expiry date. The User declares and guarantees to GO Sharing that he / she is authorized to use the specified credit card or payment card that he / she uses. The User gives GO Sharing permission to withhold the amount of all costs he / she incurs from the card or to settle it against any purchased credit.
In addition, User can also use GO Sharing services with Ideal. The User can use this to buy a package whereby he or she receives credit on his or her account. This credit can be used for driving, parking or reservation minutes. The purchased Ideal credit cannot be returned and cannot be converted into money.
The User agrees that GO Sharing, at its sole discretion, may pay all traffic fines, seizures, fines and / or charges on the User’s behalf directly to the appropriate authority or applicable party. If GO Sharing is required to pay and / or process such fees or associated costs, User agrees that GO Sharing may charge you the amount GO Sharing pays plus a reasonable fee for handling these items. ; GO Sharing will notify you of any such charges or fees.
In the event that GO Sharing uses a third party to resolve damages, violations of law or this Agreement, fines and / or sanctions, the User agrees to pay all fees and collection charges, including but not limited to to, administrative and legal costs for such agent upon request and without protest.
In the event of a dispute by the User of a deduction from the account linked to the credit or debit card used by the User, the User must contact us in writing within 5 working days of the end of the month during which the disputed deduction was made. with GO Sharing and transmit to GO Sharing all information related to his trip so that the disputed content can be identified – this concerns the date and the estimated times of the start and end of the trip for which the withholding is disputed. The User undertakes to inform GO Sharing immediately of any changes that may be made to the payment method.
The customer irrevocably authorizes GO Sharing to debit the fees and damages payable by the customer by debiting the credit card or another payment method specified in the GO Sharing account. The direct debit or recurring payments will continue until you cancel it or your account is terminated. You can cancel by following the instructions on the GO Sharing App, but the cancellation will not be effected until you have made all payments due to GO Sharing. If you cancel, you can use the remaining balance in your account, but you may not be able to continue using the GO Sharing services until you agree to an applicable payment method again.
2.5 Costs for collection of the Vehicle. If you cannot return a vehicle in a valid place (namely, if you inactivate the Vehicle on a private property, within a residential enclosed space or community or any other inaccessible or unauthorized place outside of the GO-Sharing App defined Service Area) and asks for the Vehicle to be collected by GO Sharing staff, GO Sharing may, at its discretion, choose to charge you a collection fee, see attachment. If a Vehicle is used through your account without notification, GO Sharing will send the User a notification expressing concern. If the User cannot provide a satisfactory justification after an adequate verification procedure, who proves that this abandonment is not the result of an error attributable to him / her, all running costs of the Vehicle incurred until the Vehicle has been recovered and deactivated will be charged to him / her. In addition, there are the mentioned service costs that cover the collection of the Vehicle. Charges are subject to change. The rates can be consulted at any time on the mobile application of GO Sharing and on the Go Sharing website.
INSURANCE AND USER’S LIABILITY
3.1. The User is liable to GO Sharing for damage he has inflicted or caused. This includes – but is not limited to – theft, damage or loss of the Vehicle and accessories or damage to a third party (property or injury). In case of liability of the User without insurance cover, the User indemnifies GO Sharing against all claims of third parties.
3.2. In the event of an accident due to the User’s own fault, the User’s liability also extends to incidental damage, such as expert costs, towing costs, depreciation, costs due to lost rental income, lower step for the insurance premium and administrative costs.
3.3. All Vehicles are covered by third-party liability (see the GO Sharing website for the policy conditions), without and cover for the rider and for which the User is responsible for himself. As of January 1, 2020, the coverage per event is as follows: € 1,220,000 in property and € 6,070,000 in persons. Within the coverage of this insurance, damage is insured that is caused by the Voerruig to third parties, with the exception of an excess of € 500 (the “Maximum Own Risk for Damage to Third Parties”). The customer is personally liable for the aforementioned deductible, liability outside the insurance cover and damage to the Vehicle itself. Only a customer who has rented the GO Sharing e-scooter on his own account can claim any insurance cover.
3.4 Redemption option. In addition to the Maximum Deductible Damage to Third Parties, the User is liable for damage caused by the User to the Vehicle, with a maximum of [€ 500] per event (the Maximum Deductible Damage to Vehicle ”). The User can always choose, or for a specific trip, to limit the Maximum Deductible Damage to Vehicle to € 0 by determining an additional compensation per minute or kilometer driven. The amount of the fee may change from time to time and will be clearly stated in the Go Sharing App. If the User misuses this option, is repeatedly involved in or deliberately displays reckless driving behavior as a result.
3.5. If damage is caused by intent or gross negligence on the part of the customer, the insurance will under no circumstances provide cover. In that case, the customer will be liable towards GO Sharing and the maximum deductibles do not apply, even if this has been bought off to no deductible.
4.1 Security Check. Before each use of a Vehicle, the User must carry out a summary safety inspection of the Vehicle, which includes checking the following points: (i) that the wheels are not warped and the tires have sufficient pressure (ii) that all brakes and lights; (iii) properly functioning steering wheel, (iv) adequate battery electrical charge; and (v) any sign of damage, unusual wear or other mechanical problems. The User agrees not to use the Vehicle if he / she identifies visible problems and to inform customer service immediately so that GO Sharing is aware of this.
4.2 Lost or stolen Vehicle. A Vehicle can be considered lost or stolen if (i) the Vehicle has not been deregistered after a 48-hour journey, (ii) the Vehicle’s GPS device is deactivated, (iii) the Vehicle is parked on a non- permitted private property, within an enclosed area or other non-public place for more than thirty minutes after a ride has ended, or (iv) if other facts or circumstances arise that are reasonably and in good faith with GO Sharing raise the suspicion that the Vehicle is lost or stolen. If GO Sharing believes that a Vehicle has been lost or stolen, GO Sharing will send you a notice outlining its concern. GO Sharing and you agree that the last User of a Vehicle will be held liable for its loss or theft if, after an adequate verification procedure, GO Sharing could reasonably and in good faith infer from the facts and circumstances that this is not would be the case or if you can provide satisfactory justification proving that this situation is not the result of an error attributable to you. GO Sharing has the ability to handle all those could reasonably and in good faith infer from the facts and circumstances that this would not be the case or if you can provide satisfactory justification proving that this situation is not the result of an error attributable to you. GO Sharing has the ability to handle all those could reasonably and in good faith infer from the facts and circumstances that this would not be the case or if you can provide satisfactory justification proving that this situation is not the result of an error attributable to you. GO Sharing has the ability to manage all thosedeems it appropriate (particularly in relation to the last User of a Vehicle), including (but not limited to) obtaining control of the Vehicle and other appropriate damages and filing a complaint with the local police services. The User accepts that the data generated by the GO Sharing computer constitutes sufficient proof of the useful life of a Vehicle by a User. The User undertakes to report the disappearance or theft of the Vehicle to GO Sharing immediately or as soon as possible.
4.3 Wearing a helmet; safety. For some versions of Vehicles, wearing a helmet is mandatory, including for Vehicles that have a maximum speed of 45 km / h. For these Vehicles, GO Sharing will provide a helmet in the top box and the User is obliged to wear it. However, GO Sharing recommends that all Users wear a suitable helmet, with correct fit, adjusted and attached according to the manufacturer’s instructions. The User acknowledges that none of the Persons Exempt from Liability is responsible for any physical injuries suffered by the User while using the GO Sharing services, regardless of whether or not the User wears a helmet at the time of the bodily injuries increases. The User assumes all risks associated with not wearing a helmet or other protective equipment. The User may need to take security measures or additional precautions, which are not explicitly covered in this Agreement.
4.4 Traffic Lanes for the Vehicles. The User acknowledges that GO Sharing does not provide or maintain the places where the Vehicles are driven, and that GO Sharing cannot guarantee that there is always a safe place to move around with the Vehicle in traffic. The roads, sidewalks, lanes reserved for vehicles and highways can become dangerous due to weather conditions, traffic or other hazards.
4.5 Restrictions on the Rental of the Vehicles. The User acknowledges that GO Sharing is not a provider of public transport. There are other means of public transport and alternative private transport available to the general public and the User individually, including buses and public train transport, taxis and footpaths. GO Sharing only makes the Vehicles available as a utility and the rental offer is only intended for persons who have the necessary skills and qualities to operate a Vehicle under their own power and who have agreed to all the general terms and conditions of this Agreement.
4.6 Restrictions in the availability of the GO Sharing services and keeping the GO Sharing App up to date. GO Sharing makes every effort to provide the GO Sharing services as many days a year as possible, but does not guarantee that the GO Sharing services will be available at all times, as unexpected events or other circumstances may prevent GO Sharing from the GO Sharing services and the GO Sharing App may require maintenance and updates from time to time. Access to the GO Sharing services is also subject to the availability of the Vehicles. GO Sharing makes no representations or guarantees regarding the availability at all times of a GO Sharing service or of a Vehicle.
5.1 Cancellation. This Agreement may be terminated: (i) by one or the other party, without justification, subject to seven (7) days’ written notice to the other party; or (ii) by one or the other party, immediately, without notice, in the event of a serious breach of the terms of the Agreement by the other party.
5.2 Cancellation by GO Sharing. GO Sharing may, at any time and from time to time, without the User’s consent, unilaterally discontinue the User’s right to use the GO Sharing services, in the sole discretion of GO Sharing and subject to a cancellation that is properly served. The User may request a pro rata temporis refund. No refund is foreseen in the event of cancellation due to the User’s failure to comply with any of its obligations under this Agreement.
5.3 Cancellation by the User. The User may discontinue his / her use of the GO Sharing services at any time, however, specifying that (i) no refunds will be issued by GO Sharing and (ii) additional costs may be charged to the User , in accordance with the present Agreement and (iii) all payment obligations by User to GO Sharing have been irrevocably fulfilled.
5.4 In the event of termination by GO Sharing or by the User, this Agreement will remain in full force and effect regardless of the modalities on the basis of which the User’s right to use the GO Sharing services has been terminated.
STATEMENT OF CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
All personal data that GO Sharing holds about the Users, including all names, addresses, telephone numbers, e-mail addresses, passwords, payment information and other information, will be processed by GO Sharing and verified by GO Sharing, as stated in our confidentiality policy. is accessible at www.go-sharing.com/privacy and in the GO Sharing app. You accept and understand that GO Sharing may process your personal data in accordance with this confidentiality policy and that you will not disclose any personal data of other persons unless you are legally permitted to do so. The User expressly agrees that certain data, in particular payment data and data for the purpose of handling a possible third-party insurance case, can be shared with an executing payment platform, debt collection agency or insurance agent. GO Sharing guarantees that the data provided by the User will be processed in accordance with our confidentiality policy, which complies with the applicable GDPR.
GO Sharing can be reached by e-mail at email@example.com, via the GO Sharing App in the function [send a message], during office hours on telephone number [+31859022901] and outside this only for emergencies on the emergency number [+31859022901].
CHOICE OF DUTCH LAW AND DISPUTE HANDLING
This Agreement is governed by Netherlands law and must be interpreted and applied on the basis of its provisions. For any dispute concerning this Agreement: (i) the successful party shall be entitled to pay its costs, expenses and attorney’s fees in a reasonable amount (whether in first instance, on appeal or otherwise), which it agree to resolve or settle the dispute, to reclaim it, in addition to any other damages or interest that the party may be entitled to claim; and, unless mandatory provisions of Dutch law to the contrary; (ii) each party accepts the exclusive jurisdiction of the court of Rotterdam and agrees that this court has jurisdiction.Assistance is available to the User through the GO Sharing App to address any concerns you may have regarding your use of a Vehicle and / or this Agreement. The parties should make every effort to use this assistance process to resolve any disputes, complaints, questions or disagreements and to enter into negotiations in good faith.
DISTANCE AND DIVISION
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach or provision of this Agreement. The provisions of this Agreement are mutually independent and divisible and no provision shall be affected or invalidated or made inapplicable by virtue of the fact that one or more other provisions may be invalid or inapplicable in whole or in part for any reason. .
All rights and remedies granted and mentioned in this Agreement are cumulative and not exclusive and the use of any of them does not preclude the availability or applicability of any other or any other right or remedy provided by law. .
CHANGES TO THE AGREEMENT
This Agreement contains the entire, complete, definitive and exclusive agreement entered into between the parties in its subject matter. This Agreement supersedes any prior, written or oral, other agreements relating to its subject matter. GO Sharing may, at any time and at specified times, and without requiring the User’s consent, unilaterally adapt, amend or change this Agreement in its sole discretion. Whenever changes are made to this Agreement, GO Sharing will distribute a notice on the website. The User must regularly study this Agreement carefully so that he / she is informed of any changes, changes or changes made to it. By continuing to use a GO Sharing service after the expiry of the aforementioned notice, the User acknowledges that he is bound by all these modifications, modifications and changes. The rates stated on the website replace any rates that may be included in this Agreement.
INTERPRETATION OF THE AGREEMENT
The headings of this Agreement do not affect its interpretation. The word “or” does not convey any connotation of exclusivity. The term “including” means “including, but not limited to”. Unless otherwise concluded from the context, the words in the singular or plural each include the singular or plural. All pronouns include both the masculine and feminine form.
This Agreement is entered into voluntarily, without coercion or undue influence on the part of GO Sharing or on its behalf. The User that he / she (i) has read this Agreement; (ii) understands the terms and effects of this Agreement, including the waivers and exclusions contained therein; and (ii)) is fully aware of the legal and imperative effects of this Agreement.
EXEMPTIONS FROM LIABILITY; ACCEPTANCE OF RISKS
GO Sharing and all its owners, business leaders, affiliated companies, employees, subcontractors, managers, administrators, shareholders, agents, representatives, successors and title holders as well as any promoter of the GO Sharing services and all owners, business leaders, affiliates, employees, subcontractors, managers, trustees, shareholders, agents, representatives, successors and title holders of the promoter are collectively referred to as “Persons Exempt from Liability” .
The term “Complaints”is a collective term for any complaints, alleged disadvantages, claims for damages, liabilities, disputes, grievances (on a statutory, contractual, criminal basis, for negligence or other), proceedings, obligations, debts, privileges or lien, fines, costs, financial penalties, contracts, promissory notes, charges, costs (including attorney’s fees, charged at first instance, appeal or otherwise), damages (including indirect damages, compensatory or punitive damages), or damages (known or unknown, invoked or not invoked, admitted, conditionally or as the case may be), arising in connection with (i) the GO Sharing services, including one or more of its Vehicles, equipment or related information,or (ii) the use that the User makes of one or more of these elements.
To the extent permitted by law, GO Sharing and all Persons Exempt from Liability, when it comes to the use of GO Sharing’s GO Sharing services, Vehicles or equipment by the User, disclaim any form of warranty, express or implied, including any warranties. regarding the quality of the goods and the suitability for a specific use. All GO Sharing services, the Vehicles and associated equipment are provided “as is” and “as available”, and the User uses them at their own risk.
The User is aware that his / her use of the GO Sharing services, the Vehicles and associated equipment involves obvious and non-obvious risks, dangers and unpredictability, which may lead to physical injury or death of the User or other persons and material damage and that these risks, dangers and unpredictability cannot always be foreseen or avoided. The risks, hazards, and unpredictability include, but are limited to:
- vehicles and other objects;
- malfunctioning of the Vehicle or one of its parts;
- state of the roads;
- weather conditions;
- failure to comply with applicable laws relating to the use or operation of the Vehicle within the meaning of Article 1.7;
- committing one of the prohibited acts stated in Article 1.8;
- failure to perform the required security check within the meaning of Article 4.1;
- not wearing a helmet when wearing a helmet is legally required; and
- acts of negligence or failure to perform acts on the part of the User or third parties.
The User is at all times solely and entirely liable for the safe use of the Vehicle. The User acknowledges that the Vehicles are machines that may malfunction even if the Vehicle is properly maintained and that such malfunctions may cause physical injury. Unless the User can provide proof that what follows is not the result of an error attributable to him, he assumes full responsibility for all risks, dangers and unpredictability associated with it.
ACCEPTANCE OF THE AGREEMENT BY THE USER
I declare that I have read and expressly accept the terms of Section 14 and acknowledge that this section limits my rights and remedies.
I consent to the fact that this Agreement provides complete and unconditional relief from all liability to the fullest extent permitted by law.
I declare and confirm that I am familiar with the operation of the Vehicle and that I am reasonably competent and physically able to use the Vehicle and pay the rental fee.
I confirm that I am the User, at least 16 years old, hold a valid driver’s license and that I will wear a helmet when wearing a helmet is required, that I will not use GO Sharing with another passenger, that I will comply with all applicable laws, that I will drive at my own risk and that I have read and agree to the terms and conditions in this Agreement.
APPENDIX – OTHER COSTS
Of course we assume that you adhere to the rules and then you certainly do not have to worry about us charging extra costs. Still not neatly kept to the rules? Then we can charge extra costs.
|Costs for incorrectly closing the trip||€ 50, –|
|Costs for incorrect parking||€ 50, –|
|Charging third party costs, fine and vehicle damage||Equal to third party invoice|
|Administration costs (for example in the case of a fine, costs for third parties, reversals, reminder)||€ 7.00|
|Administration costs for a criminal offense / special situation||€ 75, –|
|Driving an e-scooter under the influence of drugs or alcohol||€ 250, –|
|Have the e-scooter driven by third parties||€ 250, –|
|Excess in case of damage or theft||€ 500, –|