General Terms and Conditions
Welcome to GO Sharing
These are our general terms and conditions (the Terms). We offer our users the GO Sharing App (the App) which makes it easy to reserve and unlock shared vehicles (the Services). Learn more about how this works – or if you want to get started right away – and download the App or visit our Website www.go-sharing.com.
We offer our Services on condition that you accept these Terms. We may amend these Terms. You agree that the latest version of these Terms will always apply to the Services.
Who are we? We are GO Sharing B.V., also trading under the name GO Sharing, a company with limited liability, with its registered office in Nieuwegein (3439 LM) at Ringwade 63 and listed in the trade register of the Dutch Chamber of Commerce under number: 76717321.
Who are you? A consumer and/or a legal entity who makes Use and/or has made Use of our App and/or simply visits our website. In these Terms, we also refer to you as the User.
1.1 The following definitions are used in these Terms:
(a) Service Area: an area designated by GO Sharing where Use of the Vehicle can be started and ended. The most up-to-date version of the Service Area can be found on the digital map in the App or on the Website.
(b) Customer Services: GO Sharing Customer Services. For more up-to-date contact details, please refer to our Website.
(c) Agreement: any agreement concluded between GO Sharing and the User.
(d) Rental Agreement: the agreement that is established for each Use.
(e) Other costs: list of rates for Use of our Services, accessible via this link. The other costs list includes rates for Use of the Vehicles and the amounts of the fines on infringement of the Terms.
(f) Ground Rules: the rules applicable to the Use of our Services, accessible via this link.
(g) Website: GO Sharing Website: www.go-sharing.com.
1.2 Other definitions – can be identified as starting with a capital letter – can also be given in the provisions themselves.
2.1 Use can be made of our Services by signing in via the App. In doing so, we request that all requested personal and payment data be provided and that the verification procedure (for the payment method and driving licence) be followed. Once all the necessary data has been provided and the verification procedure has been completed, your account will be activated (the Account).
2.2 GO Sharing may always ask you to follow the verification procedure again. GO Sharing reserves the right to decide which verification procedure is preferred in the actual case. In all cases, GO Sharing is always entitled to block your Account if it deems this necessary, which in any event is understood to include your non-compliance with the request.
2.3 You are personally responsible for the accuracy, access and use of your Account. If you suspect that a third party is using your Account (unlawfully), please report this immediately via firstname.lastname@example.org.
2.4 Use of your Account is strictly personal. It is not permitted to allow other people access to your Account, inter alia, by making login details available to a third party. For any breach of this condition, we may impose a contractual penalty on you (as set out in the other costs), without prejudice to our right to additionally claim compensation.
2.5 If we suspect that the (personal) data you have provided is invalid, or if your Use of the Services is not in accordance with these Terms, Agreement and/or relevant laws and regulations, we may suspend, terminate or otherwise restrict your Use of our Services (including the Use itself).
3.1 You can reserve the shared vehicles (the Vehicles) via our App and actually Use them (the Use). The Use of the Vehicles is governed by the Ground Rules. [and country-specific laws and regulations. GO Sharing may impose additional conditions on the Use of a specific Vehicle and/or Use in a specific Service Area. These conditions are mostly shown in the App.
3.2 A reservation of the Vehicle (and thus the Rental Agreement) is only made after it has been confirmed in the App by GO Sharing. A successful reservation does not guarantee availability of a (functioning) Vehicle.
3.3 Use of the Vehicle can only start and end in the Service Area designated for this purpose in the App. Use will not end until the App notifies you that Use has ended successfully.
3.4 Use of the Vehicle can be limited in time. The maximum duration for Use of the Vehicle is stated in the App and is, in any case, no longer than 7 (seven) days, unless GO Sharing has given written permission for a deviating maximum duration.
4 Discount packages and driving time
4.1 A credit for Use (such as driving time or discount packages) (the Credit) is subject to a limited period of validity.
4.2 If the Credit is purchased, then the moment of issue will occur as soon as the Credit is apparent on the Account and the period of validity, in principle, is limited to one (1) year after issue date, unless explicitly stated otherwise.
4.3 If Credit is provided in the context of promotional activities, the validity period, in principle, is limited to 30 days, unless explicitly stated otherwise.
5 Rate, payment and debt collection
5.1 GO Sharing determines the cost of Use based on the prevailing Other costs (to be found on our Website) and the actual Use. Do you have a subscription or a discount code? This will be taken into account.
5.2 Before Use can start, we agree on how the costs are to be paid. The App allows for various payment methods. Is a security deposit applicable? Then, you hereby authorise GO Sharing to charge the security deposit (as communicated in advance).
5.3 If payment of the due charges fails for any reason, GO Sharing will request the User to nonetheless pay the amount due. If the amount due is not paid by the User within the designated time limit, the debt will be handed over and any subsequent debt collection costs and other costs will be charged to the User, and/or offset against any deposit.
5.4 GO Sharing may require that any outstanding debt must be settled before Use can be made of the Services again.
6 Third-party invoicing
6.1 If you use the payment data of someone else (legal entity, company or individual) when signing up in the App, you must have obtained prior consent from the person whose payment data has been provided.
6.2 GO Sharing is authorised to contact the person whose payment data has been provided by you directly to verify that you have actually obtained the required consent.
6.3 If it appears that no consent as referred to in clause 6.1 has been obtained, you must pay the outstanding debts to GO Sharing on your own account and you will be liable for any damages suffered by GO Sharing.
6.4 If GO Sharing has verified the consent from the provider as referred to in clause 6.1, the party other than the User will be jointly and severally responsible and liable for all obligations of the User to GO Sharing arising out of these Terms and/or Agreement.
7 User Liability and GO Sharing
7.1 You are liable for all direct and indirect damages incurred during or through the Use of the Vehicle and/or the Services, unless you can prove that such damage is not attributable to you.
7.2 In any case, damage is attributable to you as a User if it is caused due to the following circumstances:
· There is a violation of the Agreement and/or these Terms; and
· There is gross negligence, an intentional act or wilful misconduct.
7.3 The term ‘damage’ is understood to include, but is not limited to, consequential damages such as costs of experts, relocation expenses, depreciation, costs due to loss of profit and administrative costs.
7.4 The User is liable for the consequences of traffic accidents or accidents committed with a Vehicle. The User must pay all resulting fines, levies and costs and indemnifies GO Sharing against any claims by third parties.
7.5 The User is liable for damages and/or injury to third parties or to third-party property caused during Use of the Vehicle. The User indemnifies GO Sharing for any consequential and third-party claims resulting from such damage and/or injury.
7.6 Damages caused to third parties may be covered by GO Sharing’s third-party liability motor insurance, with the exception of the excess as stated in the other costs. If the damages caused is covered by the third-party liability motor insurance, the User is liable for payment of compensation based on the excess, without prejudice to the other provisions of this clause.
7.7 If damage is caused by the User’s actions resulting in the insurance company not paying out, the User will be liable towards GO Sharing for compensation of the resulting damage.
7.8 GO Sharing is not liable for any damages unless there is an intentional act or wilful misconduct on the part of (superiors at) GO Sharing.
8.1 The User may terminate the Agreement with GO Sharing in writing (including by email), subject to any periods of notice. Termination does not relieve the User of the obligation to pay any outstanding payments.
8.2 GO Sharing may terminate an Agreement with a User without stating any reasons.
9 Other conditions
9.2 GO Sharing explicitly reserves the right to make changes to the Terms and the other costs. Any changes will be published in the App and/or on the Website. Any Use of the Services after this notification is deemed to be (evidence of) the User’s acceptance hereof.
9.3 These Terms, the Agreement and rights ensuing from it will be governed by Dutch law. Any disputes which the parties cannot resolve mutually may only be submitted to the competent court in Amsterdam.