These General Terms and Conditions (the Terms and Conditions)
apply to any use of the Website www.gearbooker.com (the Website) and all its sub-domains. The Terms and Conditions also apply to all the services we also provide. The Website offers users the opportunity to rent out and hire electronic equipment between themselves (the Service). We can always change the Terms and Conditions. By using the Website, you agree that the latest version of the Terms and Conditions will apply. We have to accept arrangements that deviate from the Terms and Conditions in writing before they are valid.
- The Terms and Conditions apply to anyone using the Website.
- We will send the Terms and Conditions to you for free upon request. The Terms and Conditions are also available at www.gearbooker.com.
- When a part of the Terms and Conditions is cancelled or nullified, this does not affect the validity of the remainder of the Terms and Conditions. The cancelled or nullified part is replaced by a provision that is as much in line with the nullified provision as possible.
- you cannot use the Website in a manner that violates the Dutch or other applicable legislation or regulations.
- you are not permitted to publish the following via the Website:
- Pornographic clips, images or other media with an erotic content;
- Texts or images that are offensive, racist, discriminating or inflammatory;
- Images or other content that you have no copyright of;
- Unwanted advertising (spam);
- Incorrect or misleading information;
- Viruses, malware, spyware or other software intended to harm our computers or computers of other users.
- you cannot generate an account under someone else's name or to pretend to be someone else in any way.
- you will keep confidential the personal data obtained from other users. You will also not abuse this data.
- you cannot approach other users for commercial purposes, other than those for which the Website is intended.
- If you create items to offer for rent through the Website, you declare that you are rightfully in possession of this item at the time of creation and that you are not using any content of wich you aren't holding copyrights. If you do so, you declare that you are legally liable for this. We are authorized to take the listed item(s) offline.
- If you want to rent out items via the Website, you declare that you always want to do this including insurance that runs through our platform.
- if you rent out equipment on a professional basis (as existing rental company) and use the Website for this purpose, we don't mind, as long as you don't refer any users to your own rental website in order to realise the rental transaction. It is therefore not permitted to publish the address of your rental website in your profile page or items pages.
- you agree that in rare cases your profile photo or first name may occur in our (social) media exposure. You have the right to ask us to withdraw when such happens.
- if you wish to report a user who abuses the Website, you can send us a message.
- The purpose of the Website is to offer a platform where you can get into contact with other users. We are not a party to the arrangements made between the users. We are therefore not responsible for the arrangements you make with other users.
- The Website applies to rental agreements for all rental transactions the users enter into with each other via the platform. You agree that you will irrevocably comply with this. You can find this agreement here.
- We do our utmost to ensure that the Website is available.
- We do not guarantee that the Website always works without mistake or is always available. We are therefore not liable for damage suffered if the Website does not work work (securely).
- We are not liable for damage suffered due to incorrect information on the website.
- You must be 18 years or older in order to be permitted to generate an account and to rent out or hire equipment. By generating an account you confirm that you are 18 years or older. If this is not the case, then (the right to) the insurance as described in article 7 lapses.
- You need to protect your login details of your account from others. You need to keep your password strictly confidential. We can assume that everything that happens on or with your account is done by you or with your permission.
- If you think or know that your account is being abused, then you must report this to us as soon as possible. We will take appropriate measures.
- We offer the Service for free. We are entitled to request payment at a later stage. We will notify a change of price on time. If we announce a change of price, you can immediately terminate your account for free.
- If you need to pay for a part of the Service, we will clearly specify this on the Website.
- Each rental booking includes an insurance.
- If you offer an item for rent and/or rent an item via the Service, you automatically agree to the policy terms and conditions of the Insurer. These are attached to the rental agreement which can be downloaded for every booking you participate in.
- If it appears or if there is a suspicion that an Owner is attempting to pass a damage to a Renter prior to use by the Renter, the actual costs of the required expertise, claim handling and additional administrative actions, and reporting to the police for insurance fraud shall be paid for by the Owner. This amount will be at least EUR 1,000 per event.
- If it turns out or if there is a suspicion that a Renter fraudulently reports a damage and / or loss of the Item(s) to receive cover by the Insurance, the actual costs of the required expertise, claims handling and additional administrative actions, and reporting to the police for insurance fraud will be recovered from the Renter. This amount will be at least EUR 1,000 per event.
If you pay on our platform or are paid by our platform, these payments are processed through a licensed payment service provider (Pay.nl).
We reserve the right to delete or not verify an account if we believe there are valid reasons for doing so. We cannot always guarantee to disclose these reasons if doing so would be against our security protocols. Also if we consider and/or suspect that you have violated the law or these terms or conditions or damage the platform and the community, we can (partially) exclude you from the Service. We can, for example, exclude you from the Service by:
- removing your account;
- blocking parts of the Service for you;
- cancelling bookings or booking requests.
Moreover we have the right to make any documents available to police or judicial services related to bookings and/or identity of Renter or Owner should we regard this as necessary.
We are complied to keep all your confidential information secret. We define confidential information as all information of which you have indicated that this is confidential or information that is in its nature confidential. We will only release the personal data within the meaning of the Data Protection Act if this is necessary for the Service. In this respect we also refer to Article 9 'Exclusion' and to our Privacy Statement which you will agree with when accepting these terms & conditions.
We are not obliged to help settle disputes arising between the users. However, we will try to help resolve those conflicts.
Any disputes arising between a user of the Service and us are subject to Dutch law. As such the Court in Rotterdam is the competent court to settle the dispute. Gearbooker is not a legal party in any agreement between the users on its platform and can not be held responsible or liable for any disputes that may arise between the Parties or irregularities related to a transaction on its platform.
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