Allgemeine Geschäftsbedingungen

Version 2.1, valid from 15. Februar 2019

These Terms and Conditions apply to the use of the Services of Goboony by people who are hiring out a motorhome, and those who are renting one. From here on, the Hiring Party shall be known as 'Travellers' and the hirer as 'Owners'.

Goboony recommends you read these Terms and Conditions carefully, in order to ensure full knowledge of the rights and duties of yourselves, other users and Goboony.

1. Definitions

   Account:	An individual profile page created and managed by you when registering on the platform.
   Content:	All information placed on the platform by Goboony, including but not limited to: lay-out, look-and-feel of the platform, logos, blogs, trademarks and certain texts.
   Confirmed Booking:	A booking is confirmed the moment the hiring party completes the first payment of a rental fee via the platform.
   Deductible:	The maximum amount set by the Owner that can be charged to the hiring party for a given damage, or loss of inventory. This will be deducted from, but is not limited to the deposit amount.
   GoForm:	The form to be filled out by both the Hiring party and the Owner before the start of the rental period and again following the finalization of the rental period.
   IP Rights:	All rights of intellectual property and the related rights including copyright, trademark, patent, design right, trade name rights, database rights and neighbouring rights and rights to know-how and one-line performances.
   Owner:	The user who owns the motorhome that is being hired. Also called advertiser.
   Motorhome:	The vehicle being rented on Goboony. It can also be referred to as a: camper, campervan, RV, mobile home, recreational vehicle. For the sake of simplicity all vehicles on our platform are generally referred to as motorhomes.
   Platform:	The platform which is reachable at www.goboony.com (or any other domain used by Goboony) and underlying pages, or the mobile application of Goboony, which allows you to use the service.
   Hiring party:	The party that will be hiring the motorhome, and is subject to the Rental Agreement. Also referred to as the Traveller or Holidaymaker.
   Rental agreement:	The agreement which has been generated via the platform for a given booking between the Hiring Party and the Owner, for the purpose of renting a motorhome.
   Rental Fee:	The price agreed upon by the Hiring party and the Owner, for renting the motorhome including all additional costs, including the Goboony service fee.
   Rental Period:	The booked period, between acquiring the keys by the hiring party and the return of the keys to the Owner by the hiring party.
   Booking Request:	The offer sent by the hiring party to the Owner to book the motorhome via the platform.
   Security Deposit:	Also known as the deductible or bond. The amount aside from the rental amount, charged prior to the rental period, subject to deductions outlined in the rental agreement, or as a result of damage, fines or other charges incurred due to the fault of the Hiring Party. The security deposit will be held by Goboony unless otherwise specified.
   Service:	The service provided to you, by Goboony, which consists of use of the platform for renting out and hiring of motorhomes between parties.
   Terms and Conditions:	The rules and guidelines outlined by Goboony for proper use of the services of Goboony.
   Traveller:	The terms Traveller, holidaymaker and Hiring Party are both acknowledged to be the User who is acting as the party who is renting the motorhome in the light of the Rental Agreement.
   User:	The person who has created an Account on the Platform with the purpose of using the Service.

1. Rental Agreement

   2. Requirements for the Hiring Party

      When registering as the Hiring Party, these terms and conditions apply:

      1. The Hiring Party must hold, and be in possession of at all times during rental, a valid driver's license. This license must be valid and recognised in the country where the motorhome is rented, and any country visited by the Hiring Party during the rental period. The driver's license permits driving the rented vehicle.
      2. The Hiring Party has not been convicted (nor has been convicted in the 8 years prior to registration as Hiring Party) of driving under the influence (alcohol and/or narcotics), reckless driving, driving without insurance or insurance fraud.
      3. The Hiring Party has not been involved in in more than 2 damage claims by fault, in the 2 years prior to their registration on Goboony.
      4. The Hiring Party is not (and has not been) excluded or refused by any insurance company because of reckless driving, and no additional requirements have been demanded because of this - for instance: higher insurance fee, a higher Deductible, and/or limitation of coverage) in the 8 years prior to their registration as a Hiring Party.
      5. Anyone driving the vehicle does not use any medication and does not suffer from any disabilities or conditions which may impair their ability to drive or the legality of doing so. They must declare any use of medication that would be of relevance to the owner and their insurer to ensure this does not void the cover of the owner’s insurance policy for the hire.
      6. By registering as the Hiring Party, all requirements mentioned above must be met. If these requirements are not met (or consequentially fail to be met at any point prior to or during the rental), Goboony reserves the right to exclude said Hiring Party from the Service and terminate any bookings without a refund.
      7. The Hiring Party is solely responsible for any damages and charges that are caused, by not meeting the requirements mentioned above.
      8. Goboony reserves the right to check the Hiring Party's identity and drivers history with the use of third party databases.
      9. Goboony reserves the right to refuse the registration of the hiring and to delete an existing hirer’s profile. The reason for this does not have to be specified.
      10. The Owner may impose requirements regarding minimum age as well as a maximum age limit.
      11. Depending on the insurance taken out by the Owner, they can refuse a traveller based on driving license requirements, age requirements or any other criteria for disqualification as defined by their policy.

   3. Requirements for Owner

      When registering as an Owner, these terms and conditions apply:

      1. The Owner owns 100% of the motorhome(s) they wish to list for hire on Goboony, or they are authorised to act as if they were the Owner, by the Owner of the motorhome. In the event that a legal entity (legal entity refers to a company) owns the motorhome, you are authorized by this legal entity to perform all actual acts and legal acts relating to the motorhome.
      2. The Owner is in possession of a complete and valid driver's license, which is also valid in the country in which the motorhome is being rented. This condition does not apply in the case that the Owner is a legal entity.
      3. In the event the Owner does not meet these requirements (or at any point fall short of the requirements), they are not permitted to use the Services as an Owner, and Goboony is allowed to exclude them from using the site.
      4. An Owner is required to register the motorhome(s) they intend to rent in their account. The motorhome needs to meet, and continue to meet, the following conditions. By putting a motorhome up for rent, the Owner guarantees that the motorhome(s):
         1. Meets all basic safety criteria;
         2. Meets the criteria for ‘Motorhome’ as stated by the guidelines in the country of registration.
         3. Has been regularly maintained as per advice of the manufacturer.
         4. Has been (Periodically) tested according to national law of the country of registration, and you are in possession of the document that proves the motorhome is certified and tested for the rental period.
         5. Has been insured and all taxes, like road tax, have been fully paid.
         6. Is fitted with a license plate which is valid in the country of registration.
         7. Is completely damage-free, or alternatively when this is expressly agreed upon with the Traveller on the GoForm.
         8. Contains all necessary fluids (motor oil, brake-fluid, coolant, etc.) unless otherwise expressly agreed upon with the Hiring Party.
         9. Contains all the amenities described on the listing, unless otherwise expressly agreed upon with the Hiring Party.
      5. In the event the motorhome does not meet the requirements above (any more), the Owner is required to remove their motorhome from their account and terminate all current reservations or Rental Agreements immediately.
      6. The Owner is fully liable for any damages and charges caused by the fact that either the motorhome or the Owner no longer meets the requirements and conditions mentioned above.
      7. Goboony reserves the right to check the identity of Owners.
      8. Goboony may refuse the registration of an Owner, or registration of a motorhome, for any reason.

   4. Rental Agreement Obligations

      1. The Rental Agreement becomes applicable upon a booking being confirmed by the Hiring Party. This is when the first payment for an accepted request is made by the Hiring Party.
      2. The House Rules on the platform are outlined by the Owner and are part of the Rental Agreement. In the event of the house rules conflicting with Goboony’s Terms and Conditions, the latter shall always take precedent.
      3. Goboony is not acting as a party in this Rental Agreement. Goboony acts as the Platform where motorhomes can be advertised, and payments are facilitated.
      4. The hiring party is obliged to comply with the following requirements in relation to the Owner:
         1. The Hiring Party uses the motorhome with the utmost of care and in accordance with any requirements specified by the owner as well as the relevant highway code and the vehicles manufacturers guide.
         2. The Hiring Party does not make any changes to the motorhome, or the inventory.
         3. The Hiring Party will ensure that the motorhome is operated solely by those persons with the permission to do so by the Owner. The Hiring Party will also prevent the motorhome being rented out or used by any other party during the rental period.
         4. The Hiring Party must comply with the maximum amount of passengers, as outlined by the Owner, at all times. The maximum amount of passengers is equal to the maximum amount of people that can legally be seated in the vehicle, or a number outlined by the Owner (whichever number is lowest).
         5. The Hiring Party is required to carry out instructions provided by the Owner. These instructions are to be recorded on the GoForm.
         6. During the rental period the Hiring Party is responsible for aspects of the vehicle maintenance and management, e.g. checking the oil and coolant levels (at least every 1000 Miles).
         7. The Hiring Party is responsible for all fees and charges related to the status, location and safety of the motorhome during the rental period.
         8. The Hiring Party is forbidden from consuming liquor and/or narcotics prior to and during the operation of the motorhome, and must not infringe on any traffic rules of the country where the motorhome and Hiring Party are located during the rental period.
      5. The Hiring Party guarantees that all members of the Hiring Party with the permission from the Owner to operate the motorhome will comply with the rules set out in the Rental Agreement.
      6. The Owner is obliged to provide the motorhome in line with the conditions outlined in Article 3.
      7. The Owner can prevent the Hiring Party from taking possession of the motorhome in the event that the Owner has reasonable suspicion that the Hiring Party:
         1. Does not meet the conditions of Hiring Party as listed in Article 2;
         2. Is unable to operate the motorhome;
         3. Is unable to produce a valid driver's license.
         In the aforementioned cases, the Owner is allowed to terminate the Rental Agreement, which will not result in any fees, fines, or penalties (Goboony will ask for clarification on this).
      8. The Hiring Party can refuse the motorhome in the event that the Hiring Party has reasonable suspicion that the Owner:
         1. Does not meet the conditions of Owner as listed in Article 2;
         2. Damages to the motorhome are not correctly recorded in the GoForm, and/or the Owner refuses to cooperate to record the damages correctly when the vehicle is collected.
         In the aforementioned cases, the Hiring Party is allowed to terminate the Rental Agreement, which will not result in any fees, fines, or penalties (Goboony may ask for clarification on this).
      9. The Hiring Party and Owner will sign the GoForm prior to the Rental Period. In the GoForm, the Hiring Party declares the motorhome to be without damage or defect, with the exception of damage or defect already present. Any existing damage or defect will be marked clearly, with consideration, in the areas available on the GoForm. The mileage, and position of the fuel gauge, will also be noted on the GoForm. The signed GoForm will become part of the Rental Agreement.
      10. The Hiring Party is responsible for the return of the motorhome:
          1. At the agreed date, time and place. If this is not the case, the Hiring Party is responsible for any loss of rental fee of a subsequent booking.
          2. Without any personal belongings of the Hiring Party still present in the Motorhome.
          3. Without committing any traffic or parking violations. Any such violations that occur during the rental period are always the responsibility of the Hiring Party and are to be paid by them.
          4. Including the motorhome’s keys and papers.
          5. With the fuel gauge displayed in the same position as noted in the GoForm, unless otherwise agreed upon in the Rental Agreement, or at the collection of the motorhome.
          6. In the same condition (when it comes to damage and cleanliness) as when the GoForm was signed, unless otherwise agreed upon in the Rental Agreement, or at the collection of the motorhome.
      11. The Hiring Party and Owner will sign the GoForm after the Rental Period has finished. After the Rental Period is completed, the Hiring Party will declare on the GoForm that the motorhome has been returned without any damage or defect (occurred during the Rental Period). Damage or defect, present at the start of the Rental Period needs to be recorded, together with the Owner on the GoForm. The position of the fuel gauge, and mileage will also be recorded on the GoForm.
      12. In the event of conflict between Hiring Party and Owner, Goboony reserves the right to act as a mediator, but remains not liable for any costs or damages.

   5. Cancellation Terms

      1. The Hiring Party can cancel any Booking Request that has not been accepted by the Owner free of charge.
      2. Owners can decline any Booking Request at their discretion.
      3. Both parties can terminate the Booking request free of charge and without obligation towards each other, provided the booking has not been Confirmed.
      4. When the first payment request made by Goboony related to the Rental Agreement has not been paid within 3 days by the Hiring Party, the underlying Rental Agreement will expire. No cancellation fees apply.
      5. When renting out the motorhome on Goboony, an Owner can choose one of three cancellation policies: flexible, moderate or strict, which will be imposed on the Hiring Party. If the Owner does not make a choice, the 'moderate' cancellation policy will apply.
         
         

         Konditionen:	Flexible	Moderate	Strict
         ist das Datum der Stornierung:	Kündigungskosten:
         Innerhalb 24 Stunden vor der Abreise:	90%	100%	100%	der Mietgebühr
         Innerhalb von 1 Woche vor der Abreise:	75%	90%	100%	der Mietgebühr
         Innerhalb von 2 Wochen vor der Abreise:	50%	75%	100%	der Mietgebühr
         Innerhalb von 10 Wochen vor der Abreise:	25%	50%	50%	der Mietgebühr
         Mehr als 10 Wochen vor der Abreise:	10%	25%	25%	der Mietgebühr

         • The service and warranty costs are non refundable.
         • The deposit is fully refunded when the booking is cancelled.
      6. The Hiring Party will be charged the cancellation fee as agreed upon in the Rental Agreement in the event the Hiring Party cancels a booking that has been Confirmed. The £25 Service Warranty Fee will not be refunded.
      7. The return of the motorhome by the Hiring Party before the return date stipulated in the Rental Agreement will not result in the refunding of any of the Rental Amount.
      8. In the event of cancellation by the Owner of a Confirmed Booking the Hiring Party will be fully refunded and any further payment obligation will end. The Owner will not be paid. If the cancellation is due to an attributable shortcoming of the Owner, the Owner is liable for all direct costs to the Hiring Party for any additional costs for hiring an alternative vehicle and/ or campsites, ferry crossings paid for prior to the cancellation. Up to to a maximum of £500. This is the case unless the cancellation is a result of a force majeure. This force majeure must be demonstrated by the Owner and Goboony retains the final say on the legitimacy of a force majeure claim. In the event that a force majeure claim is not found to be accurate, administration research and other handling costs will be charged to the owner to the size of the Service Fee and Warranty Costs.

   6. Duration, termination and extension of the Rental Agreement

      1. The Rental Agreement lasts for a certain period. The Hiring Party and the Owner can only terminate the Rental Agreement before expiration in accordance with the Goboony Cancellation Terms as mentioned in the Terms and Conditions.
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      2. The booking is deemed to have been cancelled by the Hiring Party as referred to in Article 6.1, if the Hiring Party has not collected the motorhome 24 hours after the date and time stated on the Rental Agreement. This will not result in a refund (or part thereof) of the Rental Amount.
      3. The return of the motorhome prior to expiration of the Rental Period cannot be considered to be a cancellation and will not have any consequences affecting the duration of the Rental Agreement or the owed Rental Amount.
      4. The same procedure must be followed to extend the Rental Period, as when it was initiated. In case this extension is not accepted the original duration will remain valid.

   7. Damage, retrospective costs and fines

      1. The Hiring Party is liable for any damage to the motorhome and/or inventory, with the maximum charge per individual costs limited to the Deductible. The amount of the Deductible is determined by Goboony or by the Owner prior to the creation of the booking’s Rental Agreement. The deductible will count toward each incident, if there are more damages from one incident it will be covered by the same deductible.
      2. The Deductible will apply solely to damage to the motorhome, and/or the inventory. The Owner cannot claim any damage that exceeds the Deductible unless there have been more than one incident and more than one insurance claim has to be made. The Owner can, if they choose, insure themselves for the exceeding amount. The limit of the liability to the amount of the Deductible does not apply to any other attributable shortcomings by the Hiring Party for which the Hiring Party is liable towards the Owner.
      3. All countries for which the international insurance card of the Owner is valid can be visited with the motorhome. Countries, which are in a partial or full state of war, or where war or unrest is foreseeable, can absolutely not be visited.
      4. If damage to the motorhome and/or third parties is caused by a traffic accident, whether or not caused by fault of the Hiring Party, the official damage form will be filled out by the Hiring Party, and they will, when necessary allow the police to file a report. In the event that the Hiring Party refuses to complete the claim form without a valid reason, the full amount of the damage (without taking into account the Excess) can be imposed on the Hiring Party.
      5. In case police or the justice department seizes the motorhome because in their opinion, the Hiring Party was carrying narcotics, driving carelessly, has neglected motorhome management, or has been part of any other crime or violation; the Hiring Party will be obliged to refund all damages suffered by the Owner because of this. The costs for the Owner, legal or otherwise will be fully charged to the Hiring Party.
      6. Costs incurred by breaking and entering, loss and/or theft caused by the Hiring Party, and/or damage caused as a result of accountable shortcomings, serious negligence or wilful recklessness by the Hiring Party or any passengers or guests in the vehicle will be claimed in full from the Hiring Party, and will not be limited to the deductible of booking.
      7. The Owner is never liable for any personal,psychological, material, consequential- or injury based damages suffered by the Hiring Party, originated because of use of the motorhome, a mechanical error, a traffic accident, or a single/double-caused damage event, unless the damage is the result of a defect of the motorhome that the Owner knew about without informing the Hiring Party.
      8. In case the Owner tries to claim for any damages that were present prior to rental period from the Hiring Party, all costs of necessary expertise, claim handling, and additional administrative fees will be claimed from the Owner, with a minimum amount of GBP 1,000 per event. The police will be notified and the Owner will be charged with insurance fraud.
      9. The Owner is solely responsible for notifying their current insurance company of rental of the motorhome. If necessary, the Owner must calculate whether the mileage allowance on of his current insurance policy needs to be changed, and communicate this to the insurance company.
      10. Goboony reserves the right to claim retrospective costs from the Hiring Party on behalf of the Owner, including, but not limited to; additional kilometres driven, traffic fines, toll-charges, damage, Deductibles, fines for late return or necessary cleaning of the motorhome. An additional administration fee may be charged.
      11. The Owner has 48 hours after the closing of the rental period (as shown on the booking on the rental agreement), to indicate any additional charges and block the deposit. Goboony will process any subsequent additional charges, but can no longer guarantee the deposit of the Hiring Party. Additional charges, for tolls or traffic fines, must be submitted to Goboony within 5 working days of the document date and will be paid by Goboony within 10 working days. Additional charges for tolls or traffic fines that are submitted later than this will be paid once they are collected from the Hiring Party.
      12. If the Hiring Party wishes to object to an additional cost, they must make this known in writing within 5 calendar days, failing which the Hiring Party will be deemed to have accepted the additional costs.
      13. If the motorhome fails (is not roadworthy or is unusable by the Hiring Party) through no fault of the Hiring Party and the Owner offers no replacement vehicle for the remainder of the Rental Period, then the Owner must pay back that part of the Rental Fee that corresponds to the time not used during the Rental Period.
      14. The awning is an accessory that is advised to be replaced every 12 years. If the awning breaks, article 7.6 will take into account the age when determining the damage to be compensated. The first 5 years will see no reduction, with a 10% decrease per year and a residual worth of 30%.
      15. The Traveller is liable for damage to the motorhome that results from a flat tyre of no older than 8 years. The Owner must produce undeniable proof that the tyre is not older than 8 years. If the tire is older than 8 years, then article 7.6 is taken into account, the Owner is responsible for the damage.
      16. If the Owner has included one or more of the following prohibitions in their Listing at the time of the booking, the following fines result from breaking these prohibitions, taking into consideration article 7.6:
          1. Smoking the in the motorhome: £250 (including cleaning costs);
          2. Bringing pets: £250 (including cleaning costs);
          3. Taking the motorhome abroad: £250 (plus any consequential damage, for example, unsecured damage to the motorhome or third parties.);
          4. Taking the motorhome to a winter sport area: £250 (plus any consequential damage, such as unsecured damage to the motorhome or third parties.);
          5. Visiting a festival: £150.
          Owner must be able to provide undeniable proof that the Traveller has broken these rules.

   8. Payment

      1. The Hiring Party will pay the Rental Amount as agreed upon in the Rental Agreement. Normally, the Hiring Party will pay 50% of the Rental Amount within 3 days after acceptance of the Booking Request. 3 weeks before the start of the Rental Period the remaining 50% will be paid. If the Rental Agreement originates more than 3 months prior to the Rental Period the Hiring Party will pay 25% of the Rental Amount within 3 days after acceptance of the Booking Request; 25% of the Rental Amount 3 months before the start of the Rental Period and the remaining 50% 3 weeks before the start of the Rental Period. If the Rental Agreement is initiated with fewer than 3 weeks before the Rental Period, the entire Rental Amount needs to be paid in full to confirm the booking.
      2. Goboony reserves the right to charge a fee for the Service. This fee will be a percentage based on the total Rental Amount. This will be achieved by automatically adding it to the Owner’s requested amount.
      3. The payment options are listed on the Platform. All payments are managed in collaboration with a third party. All payments shall be made to the third party, after which the third party will pay the total amount of payments to Goboony. Goboony shall, after subtracting its fee, send the payment to the Owner within 24 hours after the initiation of the Rental Period and key-transfer.
      4. The payment amount sent to the Owner or Hiring Party is based on the data possessed by Goboony, unless that data can be proved to be incorrect.
      5. Goboony is not liable for mistakes made with the original initiation of Rental Agreements. For example, in relation to the desired Rental Period or the type of motorhome.
      6. The Owner can, If required by their insurance policy, take the deposit directly for insurance purposes as a means of a direct traceable payment. Under this agreement, Goboony will still act as a mediator if there are any deposit disputes. it will not however assume responsibility for recuperating additional costs from the Hiring Party in the event of the damage exceeding the deposit amount. Similarly Goboony will not be responsible for recuperating costs from the Owner of the vehicle on behalf of the Hiring Party.
      7. The Hiring Party permits the Security Deposit required by the Owner to be paid or to be held on the credit card. This Security Deposit can be used after the Rental Agreement has expired, to pay any additional costs owed to the Owner.
      8. If the Owner has agreed with Goboony that they will have the deposit paid directly to them, the Owner will settle the additional charges with the Hiring Party themselves.
      9. Goboony will not be held accountable in the event the Owner, for any reason, cannot claim additional costs from the Hiring Party.
      10. Goboony reserves the right to settle any owed amounts and to suspend services to an owner at its discretion.

   9. Relevance

      1. These Terms and Conditions are relevant to any use of the Service and to the Rental Agreement.
      2. Goboony reserves the right to change or add to these Terms and Conditions at its discretion. The most up to date Terms and Conditions are to be found on the Platform. In the event the Terms and Conditions are changed or added to the new Terms and Conditions will be mentioned the next time you use the Platform. Continued use of the the platform after changes and/or complements to the Terms and Conditions is an acceptance of said changes and/or complements. Disagreement with this must result in the cessation of use of the Service by the user and the deletion of the user's Account.

   10. Registration and Account

       1. A user is required to create an Account as outlined on the Platform. This guarantees that the information provided whilst creating the Account is complete and correct. During the registration a user is required to enter a username and password, which will allow access to the Platform and the Account.
       2. A user is solely responsible for the adjustment of their information if circumstances change resulting in any details no longer being correct. The user acknowledges and understands that for the Platform to function effectively all information on the Account must be as complete and accurate as possible.
       3. Information entered during registration will be saved in a database and processed in accordance to the Privacy & Cookie Policy of Goboony. Goboony also refers to its Privacy statement as stated on the Goboony website.
       4. The user is solely responsible for keeping their password and username a secret. They are not allowed to share their username and/or password to third parties, or allow third parties access to their Account in any way. They are responsible and liable for the use of the Platform through their username and password combination. Goboony may log into and operate a user’s account . A user must notify Goboony as soon as they know, or suspect that their username or password has been stolen. The user is obliged to take necessary measures to safeguard the Account, such as changing the password.

   11. The Platform

       1. The user recognises that the sole purpose of Goboony in providing the Platform is to connect them with other users, and engage in a Rental Agreement with them via the Platform. Goboony facilitates this, but does not have pervasive knowledge of/and interference with the information exchanged between Users on the Platform, and the motorhomes that are being made available through the Platform. Goboony is no party in any Rental Agreement and is not liable as such, though Goboony can review information communicated through the platform by its users.
       2. The user agrees that the Service solely offers the functionality and features as they appear on the Platform at the moment of use, (on an “as is” basis). Goboony strongly excludes expressed and silent guarantees, commitments and warranties of any kind, including but not limited to, guarantees, commitments, and waivers regarding quality, safety, lawfulness, integrity, and the correctness of the Service and the information offered on it, unless otherwise stated in the Terms and Conditions.
       3. Goboony reserves the right to change, alter, or lock the Platform or Service without becoming liable to the user. In the event you disagree with the implemented changes and/or alteration, the user must no longer use the Service, and must contact Goboony to request the deletion of the Account.
       4. Goboony does not guarantee that the Service will be available at all times, with or without interruptions or malfunction. Malfunctions in the Service can occur due, but not limited to, malfunctions in the internet – or phone connections or by viruses or faults/errors. Goboony is not liable to you for any damage that is caused by the (temporarily) unavailability, or (interim) failure of the Service.
       5. Goboony reserves the right to, without prior notice, and without becoming liable to you, suspend the Service or limit its use, whenever she deems this to be necessary, for instance in the light of a reasonably necessary maintenance operation of the platform.

   12. Creation of the Rental Agreement

       1. The Owner is able to set the rental amount they desire, as well as the additional costs per kilometre and other conditions when offering a motorhome for rent such as a cleaning fee. The Owner must inform the Traveller when changing the rental fee after a request is sent. It is the Owner’s responsibility to ensure their rates are correct and not the fault of Goboony if they are incorrect.
       2. In the event a Hiring Party is interested in renting a motorhome, a request for reservation (Booking Request) will be made by the Hiring Party over a period of time chosen by the Hiring Party. The Hiring Party is permitted to make multiple Booking Requests with multiple Owners.
       3. The Owner will receive a message regarding the Booking Request. In the event the Owner wishes to accept the request, this can be done on the Platform. Goboony is able to cancel additional, unaccepted Booking Requests for the same period of the Hiring Party.
       4. The content of the Rental Agreement will be shaped by the conditions outlined in article 12.1 These Terms and Conditions and additional conditions between the Hiring Party and the Owner will be agreed upon. Additionally, national laws will be binding, as long as they have not been excluded. The Hiring Party and Owner are expected to be familiar with these conditions/laws.

   13. IP Rights

       1. Goboony and/or Goboony’s licensors own the IP rights that relate to the Service as well as the public Content made available via the Platform.
       2. Goboony allows a restricted, personal, retractable, non-exclusive, non sublicensable, non-transferable right to use the Service, as outlined in our Terms and Conditions.
       3. It is against Goboony’s terms and conditions to delete, hide, change or obscure any mentions or notices related to IP rights.
       4. Nothing outlined in the Terms and Conditions aims to transfer any IP rights to the user. The user shall not operate in a way that breaches IP rights belonging to Goboony, e.g. registering domain names, trademarks or Google Adwords that are identical to or similar to any object subject to Goboony IP rights.
       5. Without the written consent of Goboony it is forbidden to request, duplicate or re-use substantial parts of the Content, or to repeatedly and systematically request or re-use in-substantial parts of the Content, as mentioned in the ‘Database law’. The automated reproduction of Content via spiders, crawlers or robots, or anything similar, is only allowed in the event the conditions mentioned in the robots.txt file are met. This file is outlined on the Platform.
       6. Governed by these User conditions, you will maintain your IP rights for all content which you make available on the Platform.
       7. The user agrees that by uploading information to the Platform, they automatically provide Goboony with a free, unencumbered, worldwide, sub-licensable, non-exclusive license to share this information to be able to offer the Service, duplicate and publicise all the information added to the platform. This license expires as soon as the user’s information is removed from the Platform.

   14. Liability

       1. Goboony is solely liable for direct damage (as described below) caused by an attributable shortcoming of Goboony, to a maximum amount of £1,000. The total liability forthcoming from this agreement will never exceed that amount.
       2. Direct damage is solely damage originated by:
          1. Material damage to goods;
          2. Reasonable costs which are incurred to prevent or limit direct damage, which could be expected to be caused by the event to which liability is related;
          3. Reasonable costs made to determine the cause of damage, the liability and the direct damage and means of repair.
       3. Every liability of Goboony with the exception of direct damage, including consequential loss, is excluded. Consequential loss is at least: lost profits, lost savings, loss of goodwill, damage by stagnation, costs made to prevent or determine consequential loss, damage of electronic data and/or damage by delay in data traffic.
       4. Goboony is never liable for damage resulting from:
          1. Information received by Goboony from third parties, or information available on the website of a third party, which are linked to via Goboony;
          2. Information placed on the website by Users;
          3. Damages or loss to/of properties, including a motorhome;
          4. Death or injuries, unless caused by unlawful action by Goboony;
          5. Traffic or parking violations;
          6. Fuel costs;
          7. Violation of these Terms and Conditions by another User;
          8. Termination of the Rental Agreement, deletion of an Account, a motorhome or other goods of the Platform.
       5. This limit to liability of Goboony does not aim to limit liability in cases of intent or wilful recklessness by Goboony and/or to exclude its supervisors or subordinates.
       6. The user safeguards Goboony from all damage and costs, including but not limited to damage caused by an (alleged) breach of IP-rights, third party claims, collection costs, legal interest, loss of profits, fines and legal fees, suffered by or caused by Goboony or which originate from (i) an attributable shortcoming to honour these Terms and Conditions , (ii) the use of the Service or (iii) tort.

   15. Termination

       1. Users of the Service have the right to, at any moment, discontinue their use of the Service and delete their Account. The termination of your Account does not affect Rental Agreements that have already been concluded at the moment of termination.
       2. Goboony has the right to block the use of the Service, Block user activity, and/or, delete their Account in the event of any violation of the Terms and Conditions.
       3. In the event of a necessity of receiving payment, or if a user has a positive balance at the moment of termination, Goboony will guarantee that the relevant amounts will be transferred to you.
       4. All amounts that are owed to Goboony will be claimable as soon as the Account is terminated.

   16. Additional Terms

       1. These Terms and Conditions and all conflicts arising from them and/or are related to them, are subject to Dutch law.
       2. All conflicts arising from and/or are related to these Terms and Conditions are to be submitted to the competent judge in Amsterdam, unless mandatory law appoints another judge to be competent.
       3. In the event one of the individual articles of the overall Terms and Conditions is void it does not nullify the entire Terms and Conditions. The other articles will remain valid and Goboony will replace the void article with one that matches it as closely as possible whilst still being valid.
       4. Goboony is allowed to transfer or pawn any assets, powers, rights, obligations and actions that are related to these Terms and Conditions to third parties and will notify you in the event of this taking place. By using Goboony, You hereby declare to cooperate with any transfer or pawn in the future, and allow the third party to exercise all rights acquired by a transfer or pawn.

   17. Dispute settlement

       1. If there is a dispute between the two parties with an indefinite value or a value up to a maximum of a deductible per incident, the Renter and the Owner agree that this dispute will be settled by Goboony, providing Goboony holds the deposit for the booking. If the owner or a third party that is not Goboony holds the deposit, Goboony can offer advice but is in no way responsible for determining the outcome of the dispute.
       2. In the event of a final decision by Goboony, proceeding to another judicial body, arbitration institute or alternative dispute resolution body is not permitted.
       3. If there is another dispute between the parties regarding a claim from the Owner to the Hiring Party, or the Hiring Party to the Owner, the parties may request the advice of Goboony.
       4. If the involved parties request a final decision from Goboony, Goboony reserves the right to refuse to issue one. For example, if Goboony is of the opinion that the conditions of article 17.1 are not fulfilled or that it is insufficiently capable of settling the dispute.
       5. In the event that Goboony handles the dispute, the parties will make available to Goboony all data and correspondence relating to the dispute. Goboony is entitled to request documents from both parties who are then obliged to make these documents available. Goboony can listen to both parties about the dispute, and / or ask the parties for further explanation of (or parts of) the dispute. Goboony makes a final decision on the dispute for both parties in as much fairness as is possible on the basis of the Rental Agreement and the General Terms and Conditions. The final decision is given in writing or by telephone (at Goboony's discretion). A written decision will be sent to the parties by email.
       6. Goboony is not liable to parties based on the advice and / or activities of Goboony in that respect. Higher appeal of a advice or other objections and / or complaints about this at Goboony are not possible, and Goboony is entitled to put these unanswered aside.