ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following terms, including those that are used in multiple or singular, are used in the following sense, insofar as the nature or purport of the provisions does not dictate otherwise.
1. Share The Rush: the user of these general terms and conditions, established at De Keeringen 88, 8501NX in Joure (The Netherlands), registered in the Trade Register under Chamber of Commerce number 66812453.
2. User: any natural or legal person with whom Share The Rush, by means of registration on the website, has concluded or intends to conclude a user agreement.
3. Host: the user as referred to in the previous paragraph, legal entity or natural person acting in the exercise of a profession or business, who within the framework of the user agreement acts as a provider of one or more sports holidays.
4. Customer: the user as referred to in paragraph 2 who books or intends to book one or more sports holidays within the framework of the user agreement.
5. Sports holiday: any offer of accommodation, including associated sports activities/facilities, made by a host through the website to customers.
6. User agreement: the agreement between the user and Share The Rush, by means of registration by the user on the website.
7. Website: the website www.sharetherush.comon which the user, after approval by Share The Rush of his registration, can log in with his log-in data, after which the user can make use of all the functionalities of the website offered to him.
8. Account: the part of the website that is exclusively accessible to the user by means of his login details.
9. In writing: written communication, communication by e-mail or any other means of communication which, in view of the state of the art and the prevailing views in society, can be regarded as equivalent to this.
ARTICLE 2. GENERAL PROVISIONS
1. These general terms and conditions apply to each use of the website and each concluded user agreement.
2. Before the host can make use of the functionalities offered to him from the website and before the customer can book a sports holiday via the website, registration is required in accordance with the provisions of article 3. Before registration by the user, the text of these general terms and conditions shall be made available to the user in such a way that these general terms and conditions can be stored on the user's computer or mobile device.
3. Destruction or nullification of one or more of the provisions of these general terms and conditions or the user agreement as such, shall not affect the validity of the other provisions. In such a case, Share The Rush and the user shall be obliged to enter into consultation with each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and purport of the original provision shall be taken into account as far as possible.
ARTICLE 3. REGISTRATION & CONCLUSION OF THE USER AGREEMENT
1. The user agreement is concluded by registering the user on the website. The user is obliged to provide all compulsory information requested during registration in a complete and truthful manner. This also applies to all mandatory data requested under the user's account after the conclusion of the user agreement.
2. Any offer by Share The Rush to the user to register on the website is without obligation. Share The Rush reserves the right to cancel the user's registration for reasons of its own and not to confirm the user's registration.
3. In line with the provisions of the previous paragraph, the use of the website and its registration by hosts is intended exclusively for providers of sports-related holidays, i.e. accommodations including sports activities/facilities. The data provided by the host during registration will be checked by Share The Rush for correctness and completeness. It is also checked whether the host is acting in the exercise of a profession or business and, in that context, also offers sports holidays in a manner other than by means of Share The Rush. Share The Rush therefore reserves the right to cancel the host's registration if the host does not comply with the above conditions, without prejudice to the provisions of the previous paragraph.
4. After completing the registration procedure, the user will receive, without prejudice to the provisions of the previous two paragraphs, an e-mail confirming the registration, at which time the user agreement will be deemed to have been concluded.
5. The user is obliged to keep his password for access to his account confidential. All actions performed on the user's account are attributed to the registered user.
ARTICLE 4. | THE MAIN FOCUS IS ON THE SHARE THE RUSH AND OBLIGATIONS OF THE PARTIES.
1. Share The Rush offers sports holidays composed by hosts through its website. Customer bookings are entered into between the respective customer and the host. Share The Rush only plays a mediating role in this respect and handles the payments of customers on behalf of the hosts. For other aspects of bookings, the hosts and customers concerned must communicate with each other, without prejudice to the provisions of Article 14.2 regarding complaints with regard to bookings.
2. The host must set, for each sports holiday offered, whether the host wishes to be able to reject or confirm a booking made by a customer via the website, or whether a booking made by the customer is immediately final. The first variant is mandatory if the host also offers the holiday in question through other channels than Share The Rush. The host can also set the maximum number of customers per day that can make a booking through the website.
3. If the host sets up its sports holiday offer in such a way that a customer's booking is not immediately definitive, the host is responsible for processing the customer's booking request as soon as possible by rejecting or confirming it in the appropriate manner.
ARTICLE 5. | NO RIGHT OF DISSOLUTION
The customer is not entitled to terminate the agreement as referred to in Article 6:230o of the Dutch Civil Code because the sports holidays provide for leisure activities and/or the provision of accommodation other than for residential purposes and the agreement provides for a certain time or a certain period of performance. Consequently, article 6:230p of the Dutch Civil Code provides for the exclusion of the right of dissolution.
ARTICLE 6. CANCELLATION OF BOOKINGS BY THE HOST
1. If the host cancels a customer's confirmed booking, he or she will owe Share The Rush a penalty of €100 (excl. VAT), with the exception of a first cancellation. Share The Rush is entitled to set off fines against future claims of the host on Share The Rush.
2. If the host cancels a confirmed booking, the customer shall remain liable to Share The Rush for the service costs referred to in article 8.2, regardless of the reason for the host's cancellation.
3. The refund to the customer of the costs associated with the booking, minus the service costs referred to in the previous paragraph, shall be made by Share The Rush within 14 days after the customer has been informed by Share The Rush of the cancellation by the host. The customer accepts the possibility that the host may cancel a booking without claiming any compensation beyond that mentioned in the first sentence of this paragraph.
ARTICLE 7. | CANCELLATION OF BOOKINGS BY THE CUSTOMER
1. Share The Rush allows hosts to choose their own cancellation policy for each sports holiday they offer. Any offer of sports holidays on the website will clearly state the standard cancellation conditions chosen by the host in question. The applicable cancellation conditions can be consulted and form an integral part of the booking. The reimbursement of (prepaid) amounts by the customer depends on the set cancellation conditions. The cancellation policy can be found on the listing page.
2. Cancellation of a booking by the customer is done through his account, under "Dashboard" > "Your bookings" > "Cancel booking".
3. The refund to the customer of the costs associated with the booking, minus the cancellation costs in accordance with the applicable cancellation conditions, will be made by Share The Rush within 14 days after the customer's cancellation has been confirmed by Share The Rush.
ARTICLE 8. | PRICES AND PAYMENTS
1. The host owes Share The Rush a standard commission of 20% on the total amount of the booking for each confirmed and paid booking from a customer. Even if the booking is subsequently cancelled by the customer, this commission is calculated on the total amount of the booking.
2. The customer does not owe Share The Rush any commission on the total amount of the booking as a service charge for each confirmed booking. Before the booking is made by the customer, the price of the sports holiday is stated.
3. The commission referred to in paragraph 1 shall be set off against the host's claims on Share The Rush. The host will be paid per booking by bank transfer after the customer has checked in at the location of the sports holiday, on the understanding that no payment will be made before seven days have elapsed after the customer has made the booking and has paid the costs due in full. The transfer takes place on the bank account number provided by the host under his account to Share The Rush. The time of transfer to the host's bank account depends on the byks involved in the transfer.
4. Payment by the customer shall be made using one of the payment methods offered by Share The Rush, within the term implicitly or implicitly stated or notified.
5. If the customer fails to pay on time, the customer's default shall become effective by operation of law. From the day that the customer's default occurs, the customer shall owe statutory interest on the outstanding amount at that time.
6. All reasonable costs, whether judicial, extrajudicial or enforcement costs, incurred in order to obtain the amounts owed by the client, shall be borne by the client.
ARTICLE 9. SPECIAL PROVISIONS FOR HOSTS
1. With regard to the sports holidays to be offered by the host, he must provide all the compulsory information requested under his account completely and truthfully, including at least the duration and location of the sports holiday, a description of the facilities of the sports holiday location, as well as the other characteristics of the sports holiday, so that visitors to the website, and in particular customers, can form a good opinion about the offer of the host. The host must make use of truthful photos of the accommodation.
2. If sports holidays are offered under special conditions, the host should explicitly mention this in his offer as much as possible. Any such terms contrary to the provisions of these general terms and conditions or the user agreement as such shall be null and void.
3. The host is not allowed to communicate with customers registered with Share The Rush without the intervention of the services of Share The Rush as offered through the website, except in the context of a booking already made through the website between a customer and the host.
4. The host must immediately remove his offer of sports holidays from the website in the appropriate manner if and insofar as the offer is no longer available.
5. The host agrees that his offer of sports holidays, together with all the information contained therein, as revealed on the website, may also be disclosed on social media websites by Share The Rush, for the promotion of the host's sports holiday offer, among other things.
DEREGISTRATION BY THE USER AND END OF OPERATION OF THE WEBSITE
1. The user can terminate his registration on the website by submitting a request to Share The Rush by e-mail(email@example.com), after which deregistration of the user will take place as soon as possible. As a result of the deregistration, the user's account will be deleted as soon as possible and all data stored under the user's account will be deleted as soon as possible. Therefore, Share The Rush does not have any retention obligation after the deregistration of the user.
2. Share The Rush is entitled to discontinue the operation of the website at any time. In this case, the user shall only be entitled to the processing of any bookings that are still in progress, without any further claim for compensation.
ARTICLE 11. MISUSE AND TERMINATION OF THE USER AGREEMENT
1. Behaviour that can be qualified as abusive is strictly prohibited. By abuse is meant, without limitation, the deliberate introduction of incorrect and misleading information by means of the website, the infringement of the technical systems of Share The Rush and the deliberate causing of malfunctions or defects with regard to the website.
2. Users are prohibited from attempting to decompile or imitate software used in connection with the website, to manipulate it in any other way or to develop software that infringes the software used by Share The Rush.
3. The user is forbidden to send unsolicited messages (SPAM) through the systems of Share The Rush.
4. Share The Rush reserves the right, if the circumstances of the case so justify, to remove the content published by the user through the website, to deactivate or delete the user's account and/or to dissolve the user agreement with immediate effect, in the event that the user does not comply with his obligations under the user agreement, including his obligations under these general terms and conditions and in particular the provisions of the previous paragraphs of this article.
ARTICLE 12. LIABILITY AND INDEMNITY
1. Share The Rush is never liable for any direct or indirect damage suffered by the user in connection with the use of the website. In particular, Share The Rush shall not be liable for damages as referred to in the following paragraphs of this article and the other provisions concerning liability in these general terms and conditions.
2. Share The Rush commits itself exclusively to the operation of the website and the fulfilment of an intermediary role in the creation of bookings between hosts and customers and the processing of payments from customers; Share The Rush is not a party to the bookings and any further agreements between hosts and customers themselves. Share The Rush therefore accepts no liability whatsoever in this respect. Share The Rush cannot guarantee that the host will generate a certain amount of sales through the website.
3. Share The Rush checks profiles of customers on the website, the offer of sports holidays and all related information and posted content, such as photos, itself not on correctness, completeness and lawfulness and can therefore never guarantee the correctness, completeness and lawfulness thereof. The user is responsible for the content of the information published and distributed by him through the website and indemnifies Share The Rush against all claims of third parties, including those of other users of the website in particular.
4. It is the responsibility of the user to change his data under his account as soon as possible if there is reason to do so, which applies in particular to the e-mail address of the user. The consequences of incorrectly addressed messages, originating from Share The Rush or other users of the website, in connection with the circumstance that the user has not (timely) changed his e-mail address under his account, are at the user's own expense and risk.
5. Share The Rush is not able to determine the identity of other users of the website with certainty. The user is responsible for taking the necessary care.
6. Share The Rush accepts no liability for the content of the content of any user revealed through the website and the content of the communication between users.
7. Share The Rush shall not be liable for damages resulting from the user's failure to comply with the obligations arising from these terms and conditions. The user indemnifies Share The Rush against all claims of other users and other third parties in this respect.
8. Share The Rush is not liable for damages resulting from unauthorized use of the login details to access the user's account.
9. Share The Rush makes every effort to optimise the correct functioning and accessibility of the website. However, Share The Rush cannot guarantee that the website will be available indefinitely and that all features of the website will always function without problems. All liability of Share The Rush in this respect is excluded.
10. Share The Rush is at all times entitled to temporarily suspend the use of the website (or have it suspended) if this is deemed desirable in connection with the maintenance, modification or improvement of the website or the servers of Share The Rush or third parties. Any liability of Share The Rush in this respect is excluded.
11. Should Share The Rush, in spite of the provisions of the other general terms and conditions, be liable to the user for any damage, this liability shall at all times be limited to reimbursement of a maximum of any commission paid by the user in respect of that part of the user agreement from which the liability of Share The Rush has arisen.
12. The user indemnifies Share The Rush against any claims from third parties, including other users of the website, who suffer damage in connection with the execution of the user agreement and the cause of which is attributable to parties other than Share The Rush.
13. The limitations of liability in these general terms and conditions do not apply if the damage is the result of intent or deliberate recklessness on the part of Share The Rush.
ARTICLE 13. INTELLECTUAL PROPERTY
1. All copyrights and other rights of intellectual property on the website, including the design and operation thereof, as well as the images and texts placed on it that do not originate from users, belong to Share The Rush. The user is prohibited from reproducing, reproducing or using this material in any way other than in connection with the normal use of the website.
ARTICLE 14. COMPLAINTS
1. For complaints about the use of the website and in connection with the user agreement as such, the user can contact Share The Rush by e-mail(firstname.lastname@example.org). Complaints will be dealt with as soon as possible after receipt. If it is not possible to respond to the content of the complaint within fourteen days of receipt, the user will receive an acknowledgement of receipt within that period, accompanied by the notification of the period within which the user will still receive a substantive response. If a complaint by a customer, a natural person, not acting in the exercise of a profession or business, cannot be resolved by mutual agreement, the customer may submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/).
2. Both the customer and host are obliged to inform Share The Rush of any complaints about the host or customer involved in a booking. Complaints about the accommodation must be submitted by the customer, as far as known, within 24 hours after checking in at Share The Rush. For Share The Rush, the foregoing is for the discretion of customers, hosts and the quality of the sports holidays offered by hosts in order to be able to take measures, if necessary, with regard to whether or not to maintain the user's agreement of use about which a complaint has been filed.
ARTICLE 15. | REVIEWS
Any reviews written by the customer should have a relevant content, in accordance with the customer's actual experience, but should not contain offensive, offensive or otherwise inappropriate content. Share The Rush reserves the right, but is not obligated, to remove or refuse a review written by the customer if it has irrelevant, offensive, offensive or otherwise inappropriate content. The assessment of whether or not a review is in conflict with the provisions of this paragraph shall be the sole responsibility of Share The Rush. Share The Rush is never obliged to remove a review and is never liable for any damage caused by a host's negative review on the website.
ARTICLE 16. FINAL PROVISIONS
1. Every user agreement and all legal relationships between Share The Rush and the user arising from it are exclusively governed by Dutch law.
2. Should a legal dispute arise between Share The Rush and the user, they are obliged, before appealing to the court, to make every effort to resolve the dispute in mutual consultation.
3. Insofar as the law does not compulsorily deviate from it, only the competent court within the district of the registered office of Share The Rush is appointed to take cognizance of any legal disputes between the user and Share The Rush.
4. If these general terms and conditions are available in several languages, the Dutch version of these terms and conditions will always be decisive for the interpretation of the terms and conditions contained therein.