Article 1 - General
- In this document the following terms are used in the following sense, unless explicitly stated otherwise.
- Platform: the website on which Users can access the Road Trip Car Services is: www.roadtripcar.com.
- Services: Road Trip Car tries to bring Users and Providers of products and/or services together through its website. Road Trip Car only has a facilitating role and brings supply and demand together. In addition, Users can find information about travel and car rental on the Platform.
- Offer: the offer from a Provider to a User.
- User or Users: the natural or legal person, whether or not in the exercise of a profession or business, who makes use of the Platform.
- Provider or Providers: the natural or legal person, in the exercise of a profession or business, who, through the Platform or on the basis of a referral through the Platform, makes an Offer to rent a vehicle and/or offers other services or products in the category of car rental and travel.
- Partner or Partners: the natural or legal person in the exercise of a profession or business with whom Road Trip Car cooperates and through whom Users may be brought into contact with Providers.
- Road Trip Car: the service provider that makes the use of the Platform available to Users and Providers.
Article 2 - Applicability
- These Terms apply to the use of the Platform by each User and Provider.
- Deviation from these Terms is not possible.
- Any terms and conditions of the User in the exercise of a profession or business are excluded.
- Road Trip Car treats the (personal) data of Users with care. Processing of personal data will only take place within the framework of the performance of Road Trip Car's Services. Road Trip Car will not process personal data for any other purpose and will never keep it longer than necessary. More information can be found in the Privacy Statement of Road Trip Car.
- In principle, the Platform of Road Trip Car is not accessible to minors, unless the minor (aged 16 or older) can prove that she has written permission from a parent and/or legal guardian showing that the minor is allowed to perform the act in question independently, unless the act in question is customary to perform in public traffic without written permission.
- As administrator and exploiter of the Platform, Road Trip Car is never a contracting party to the agreement that may be concluded between the User and the Provider.
- Road Trip Car has no control over the Offer or the Provider who placed the relevant Offer. Therefore, Road Trip Car does not guarantee the quality, suitability, completeness, correctness, legality or otherwise, assessments and/or reviews of the Offer and the Provider. Road Trip Car points out that each User has an independent investigation duty to examine whether the Offer displayed complies with the above topics. Any images accompanying the Offer are for display purposes only. A User cannot derive any rights from these image(s), which can never be considered as an image approved by Road Trip Car.
- Road Trip Car may offer and perform the Services of the Platform or parts thereof through other channels of Road Trip Car, such as e-mails, social media and in other online and offline advertisements. The User may be required to use a third party's website in order to use the Offer or to purchase the service or product. In that case, the terms and conditions of that specific third party will apply.
- The Platform and/or the Offer may contain links to third party websites. Other cookies and/or privacy statements may apply to the websites of third parties. Road Trip Car is not responsible or liable for the availability or accuracy of the (content of the) websites of third parties. A link on the Platform to a third party can never be considered as an endorsement by Road Trip Car of (the services of) the third party.
Article 3 - Agreement with the Provider
- Road Trip Car only offers a Platform that the User can use and has no influence on the agreements, or the execution of any agreements concluded between the User and the Provider through the Platform. If the User purchases services from the Provider or enters into an agreement with the Provider, the User must read and agree to the Provider's general and/or delivery terms and conditions before concluding the agreement.
- The Provider is at all times responsible for the execution of the agreement between the User and the Provider. The User is responsible for providing correct and complete information to the Provider. Any consequences of the inaccuracy and/or incompleteness thereof shall be at the expense and risk of the User.
- Road Trip Car has no responsibility over and/or influence on the performance of the offered services and/or products by Provider.
Article 4 - Execution of the service
- Road Trip Car will make every effort to provide its services with the utmost care as may be expected from a good service provider. Road Trip Car offers a professional and independent service. All Services are provided solely on the basis of an obligation to perform to the best of one's abilities.
- The information and data provided by the User and Provider are the basis on which Road Trip Car provides its Services.
- If the information provided by the User and/or Offeror needs to be changed, this may have consequences for any established planning and costs. Road Trip Car shall never be liable for the adjustment of the planning.
- Road Trip Car is entitled to engage third parties for the execution of the Services at its own discretion.
- Road Trip Car only offers a Platform through which the various Provider can show an Offer to the User. Road Trip Car cannot guarantee User for the Offer and the services and/or products of Providers.
Article 5 - Obligations
- User is obliged to provide all information and related data requested by Road Trip Car prior to the commencement of the Services and in the desired form for the purpose of proper and efficient performance of the Services. If Road Trip Car does not have the correct information at its disposal, Road Trip Car may not be able to provide an optimal service. The consequences of such a situation are at all times at the expense and risk of the User.
- Road Trip Car is not obliged to check the correctness and/or completeness of the information provided to it, or to update User regarding the information if it has changed over time, nor is Road Trip Car responsible for the correctness and completeness of the information compiled by Road Trip Car for third parties and/or provided to third parties within the framework of the Services.
- User has an independent obligation and responsibility to investigate the Provider chosen by the User or proposed to the User and/or the services provided by this Provider. If and to the extent applicable, Road Trip Car shall comply with its duties of care and information.
- The User shall always be obliged to comply fully and in a timely manner with its obligations arising from the agreement it concludes with the relevant Provider.
Article 6 - Advice
- Road Trip Car may, if instructed to do so, draw up an advice, plan of approach, planning and/or reporting for the purpose of providing the Services. The content thereof is not binding and is only of an advisory nature, but Road Trip Car shall comply with its duties of care and information. User decides for himself and on his own responsibility whether to follow the advice.
- The advice provided by Road Trip Car, in whatever form, can never be considered as binding advice.
- The nature of the service implies that the result depends at all times on external factors that may influence the advice of Road Trip Car, such as the quality, correctness and timely delivery of necessary information and data of User and Provider (and/or his employees). User is responsible for the quality and timely and correct delivery of the necessary data and information.
- User will notify Road Trip Car via the Platform prior to the commencement of service provision of all circumstances that are or may be relevant, including any points and priorities to which User wishes attention. If this is not possible, User will inform the Provider of these specific points before User agrees to the Offer.
Article 7 – Service free of charge
The Services of Road Trip Car are completely free of charge for Users. Road Trip Car will not charge User for its Services. Road Trip Car may receive a compensation from the Providers and/or Partners in the network for the Services provided.
Article 8 - Website Availability
- Road Trip Car does not guarantee that the Services will always meet pre-established expectations. Road Trip Car makes every effort to offer (access to) the Platform to the User as far as possible, without interruption, but does not guarantee the full availability of the Platform at all times. Road Trip Car is entitled to suspend the use of the Platform, if and to the extent that, in its opinion, there is a risk to the faultless functioning of the Platform. In that case, Road Trip Car is entitled to take all measures it reasonably deems necessary to ensure the effective functioning of the Platform.
- Road Trip Car is not responsible for (re)malfunctions of the internet, telecommunication infrastructure that lie outside Road Trip Car's sphere of influence and which may lead to interruptions in the availability of the Platform. Road Trip Car may, temporarily and with due observance of the legitimate interests of Users, limit the availability of the Platform if Road Trip Car deems it necessary in view of any capacity limits, the safety/integrity of the servers, or to perform maintenance on the Platform. Road Trip Car is entitled to perform maintenance on the Platform and may introduce new functionalities.
- Road Trip Car has no responsibility over and/or influence on the performance of the Offer by Providers, and does not guarantee the quality of the Offer, the authority of any Provider to provide the service, nor the accuracy and completeness of the information provided. Each User has an independent obligation to investigate the service offered by a Provider. All information and numbers displayed on the Platform are subject to spelling or typing errors. Road Trip Car shall never be liable if the service does not meet a User's expectations.
- Prices of the Offer are constantly fluctuating, and Road Trip Car cannot guarantee that prices quoted on the Platform correspond to the actual prices of the Offer. Users are solely responsible to check the current Offer prices before making any payment, purchase or reservation.
Article 9 - Limitation of Liability
- Road Trip Car shall not be liable if, due to a force majeure situation, it is unable to meet its obligations, nor can it be held liable to meet any obligation, if it is hindered to do so as a result of a circumstance that is not its fault, and is not for its account under the law, a legal act or generally accepted practice. Force majeure shall in any case be understood to mean, but shall not be limited to, what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers, Partners and Providers of Road Trip Car, (ii) failure to properly fulfil obligations by suppliers, Partners and Providers, (iii) inadequacy of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the Internet, data network and telecommunication facilities (for example by: cybercrime and hacking), (vii) fire, (viii) natural disasters, (ix) war and terrorist attacks, (x) general transport problems, (xi) strikes in Road Trip Car's organization and (xii) other situations that, in Road Trip Car's opinion, fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations.
- If and to the extent any legal provision does not prevent this, Road Trip Car excludes all liability for damages suffered by User as a result of (i) the use of the Road Trip Car Services, (ii) the performance of Providers' services through the Platform, (iii) the non-availability or incomplete or safe availability of the Platform, (iv) changes in, to or on the Road Trip Car Platform or Services and (v) any incorrect and/or incomplete information on the Platform.
- Road Trip Car excludes all consequential damages.
- If and to the extent that Road Trip Car is found liable, its liability shall be limited to a maximum amount of EUR 100.
- All claims of the User for shortcoming on the part of Road Trip Car lapse if they have not been reported to Road Trip Car in writing, stating reasons, within one year after the User was aware or could reasonably have been aware of the facts on which it bases its claims. Road Trip Car's liability expires one year after the termination of the Agreement between the parties.
Article 10 - Indemnification
User indemnifies Road Trip Car against claims from third parties with regard to damages suffered by them based on (i) the use of the services and/or products of Providers, (ii) the use of Road Trip Car Services, (iii) the unlawful content of the Offer, (iv) the conclusion of a contract based on an Offer.
Article 11 - Complaints
- If a User is not satisfied with the Services of Road Trip Car, User is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported by writing via this form and stating "Complaint: [SUBJECT]".
- The complaint must be sufficiently substantiated and/or explained by the User in order for Road Trip Car to be able to deal with the complaint.
- Road Trip Car will respond to the content of the complaint as soon as possible, but no later than 30 calendar days after receipt of the complaint.
- The parties will try to reach a solution together.
Road Trip Car is free to modify (parts of) the Platform, as well as the content of its Services and these Terms. The amended Terms will be published on the Platform with the last updated date.
Article 13 - Applicable law
- The legal relationship between Road Trip Car and User is governed by Dutch law.
- All disputes arising from or as a result of the use of the Services between Road Trip Car and User, or the use of the Platform by User, will be settled by the competent court of the District Court of Limburg, Maastricht, the Netherlands, unless provisions of mandatory law designate another competent court.
- Should any provisions of these Terms be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby.
- The waiver by Road Trip Car of a breach of any provision of these Terms by User, Provider and/or Partner shall not operate or be construed as a waiver of any other or subsequent breach by that person or organization.
Heerlen, 17 May 2020