Terms and conditions
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE COMPANY SERVICE, WEBSITE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT :
- A) THE USE OF THE COMPANY SERVICE, WEBSITE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA.
- B) THE COMPANY SERVICE AND THE RIDE SERVICES, WEBSITE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, DESCRIPTIONS AND/OR PICTURES OF THE RIDES AND EXPERIENCES.
- D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, RENTED OR OTHERWISE OBTAINED BY YOU THROUGH THE COMPANY SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- E) ERRORS OR DEFECTS IN THE COMPANY SERVICE, WEBSITE OR APPLICATION WILL BE CORRECTED.
- F) THE COMPANY SERVICE OR THE SERVER(S) THAT MAKE THE COMPANY SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- G) THE AVAILABILITY OF THE SERVICE, PRICES, TIMEABLES, AND OTHER OPTIONS WILL DEPEND ON THE OWNER/OFFEROR . THE PROVIDERS OF THE SERVICES (INCLUDING THE OWNER/OFFEROR S OF THE RIDES LISTED ON THE WEBSITE.
- H) THE HIRED RIDE AND/OR EXPERIENCE HAVE A PROPER INSURANCE PREMIUM AND COMPLY TO ALL LOCAL LAWS AND REGULATIONS WITH REGARD TO SUCH SERVICES.
- I) THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS PURCHASED, RENTED OR OTHERWISE OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE COMPANY’S SERVICES OR APPLICATION.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE COMPANY SERVICE, WEBSITE AND APPLICATION, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.
TERMS OF SERVICE
SECTION C OF THESE TERMS INCLUDES PROVISIONS WHICH WILL, SUBJECT TO THE NEXT SENTENCE, BE AUTOMATICALLY INCORPORATED INTO, AND FORM PART OF, THE CONTRACT BETWEEN THE OWNER/OFFEROR OF A RIDE AND/OR EXPERIENCE AND A HIRER FOR THE HIRE OF A RIDE AND/OR EXPERIENCE. WHERE A PROVISION IN SECTION C CONTRADICTS, OR IS INCONSISTENT WITH, ANY TERM IN A WRITTEN CHARTER AGREEMENT SIGNED BY THE OWNER/OFFEROR OF A RIDE AND/OR EXPERIENCE AND THE HIRER OF THE RIDE AND/OR EXPERIENCE, THAT PROVISION OF SECTION C SHALL NOT APPLY BETWEEN THE OWNER/OFFEROR OF A RIDE AND/OR EXPERIENCE AND THE HIRER.
SECTION D OF THESE TERMS INCLUDES PROVISIONS WHICH LIMIT AND EXCLUDE MOVBY’S LIABILITY TO YOU. IF YOU ARE A HIRER OR A POTENTIAL HIRER, SECTION D ALSO INCLUDES PROVISIONS WHICH LIMIT AND EXCLUDE THE LIABILITY OF THE OWNER/OFFEROR OF A RIDE AND/OR EXPERIENCE TO YOU AND WHICH OBLIGE YOU TO INDEMNIFY US (THAT IS COMPENSATE AND HOLD HARMLESS) IN CERTAIN CIRCUMSTANCES.
1.1 In these Terms of Service (“Terms”) the following words and expressions shall have the following meanings unless the context otherwise requires:
“Actual Hire Period”
The period of time during which the Hirer actually has use of the ride and/or experience, including any trials, whether greater or lesser than the Agreed Hire Period;
Any advertisement, regardless its content or form, advertising a ride and/or a experience for hire on the Website;
“Agreed Hire Period”
The period of time during which the Hirer will have use of the ride and/or experience as agreed between the Owner/offeror of a Ride and/or experience and the Hirer;
Any auxiliary or additional services which may be provided or arranged by us from time to time, including cleaning, checking out and in of ride and/or experiences, supply of provisions for Hirers, and refueling of ride and/or experiences;
An account with us created by you or on your behalf by a person acting with your knowledge and consent;
All content that Movby makes available through the Website, Application, or Services, including any Content licensed from a third party, but excluding member Content;
“Ride and/or experience”
Any ride, powered or non-powered, capable of carrying people including, including all equipment and furnishings offered for use of the ride and/or experience;
Member Content and Movby Content;
Text, graphics, images, music, software, audio, video, information and any other content or materials of the Website;
The hire of a ride and/or experience by a Hirer from an Owner/offeror pursuant to these Terms;
Charges payable by a Hirer to an Owner/offeror for the hire of a ride and/or experience, in the amount displayed in an Advertisement for that ride or experience or as otherwise agreed between the owner/offeror of the ride and/or experience and the hirer of the ride and/or experience;
Any person who agrees with an Owner/offeror to hire a Ride and/or experience using the Services;
The marine insurance policy insuring Ride and/or experiences during Actual Periods of Hire;
Charges payable to an Owner/offeror by a Hirer who fails to return a Ride and/or experience to the agreed place at or before the end of the Agreed Hire Period, in the amount displayed in an Advertisement for that Ride and/or experience or as otherwise agreed between the Owner/offeror of the Ride and/or experience and the Hirer of the Ride and/or experience;
All Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services;
A person who completes our account registration process, including an Owner/offeror , Potential Hirer, and Hirer;
Any person who owns a Ride and/or experience which he or she wishes to hire out using the Services;
Any person who wishes to hire a Ride and/or experience using the Services;
As defined in paragraph 17.1;
As defined in paragraph 18.1;
The provision of an online platform enabling Owner/offeror s to advertise Ride and/or experiences for hire, Owner/offeror s and Potential Hirers to make arrangements (including payment arrangements) in relation to the hire of those Ride and/or experiences, and for related purposes including arranging Ancillary Services;
“Social Network Site”
As defined in paragraph 4.4;
Taxes and duties of any description in any jurisdiction, including but not limited to income tax, capital gains tax, inheritance tax, corporation tax, value added tax, excise duties, and import duties;
“Third Party Account”
An account with a Social Network Site;
As defined in paragraph 4.7;
“we”, “us”, “our”
Movby, a private company with limited liability, incorporated under the laws of The Ireland, registered with chamber of commerce under number, with its registered seat at Dublin, Ireland.
www.Movby.org or any other website through which we make the Services available from time to time;
Any person accessing or using the Services, whether as an Owner/offeror , Potential Hirer, Hirer or otherwise.
1.2. Section and paragraph headings shall not affect the interpretation of these Terms, they are merely there .
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
1.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. Words in the singular shall include the plural and vice versa.
1.6. A reference to one gender shall include a reference to the other genders.
1.7. The Terms and any dispute or claim arising out of or in connection with it shall be governed by the laws of The Ireland and the competent court of Dublin has exclusive jurisdiction to settle any such dispute or claim.
1.8. A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or any other type of legislation which it amends or re-enacts.
1.9. Any reference to a Ireland legal term for any action, remedy, method of judicial proceeding, legal document, legal status or legal concept will be interpreted in accordance with the laws of Ireland. If such is not possible under any specific jurisdiction, then the Irish legal term is deemed to include what most nearly approximates in that jurisdiction to the Irish legal term.
1.10. A reference to writing or written includes e-mail.
1.11. Any obligation under these Terms on a person not to do something includes an obligation not to agree or allow such thing to be done.
1.12. A reference to a document is a reference to that document as varied or replaced (in each case, other than in breach of these Terms) at any time.
1.13. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- Applicability of these Terms
2.1. Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area and/or part of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
2.2. You acknowledge and agree that, by accessing or using the Services or by downloading or posting any content from or on the Services you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with us. If you do not agree to these Terms, then you have no right to access or use the Services.
2.3. If you accept or agree to these Terms on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.4. If one or more of the provisions of these Terms are invalid or set aside, the remaining provisions of the Terms shall remain applicable in full. Movby will use its best effort to replace the invalid provisions with new provisions, which are as closely related to the former provisions with regard to their purpose and tenor.
- About the Services & About Us
3.1. The Services enable Owners/offerors to advertise Rides and/or experiences they wish to hire out and Potential Hirers to make arrangements with Owners/offerors to Hire those Ride and/or experiences. The Services also enable Owners/offerors and Hirers to make arrangements in relation to Ancillary Services. We do not own or hire out any Ride and/or experiences ourselves nor do we provide Ancillary Services ourselves.
3.2. You agree that you will only make a claim in relation to the acts or omissions of a Member or third party (including a provider of Ancillary Services), including in relation to any breach of contract, against that Member or third party and not against us. You will communicate directly with other Members via the Services regarding any Advertisements or bookings of Ride and/or experiences made by you. This paragraph does not affect the right of an Owner/offeror to make a claim against us in relation to any payment due by us to that Owner/offeror following receipt by us on behalf of that Owner/offeror of a payment from a Hirer.
3.3. You may view Advertisements as an unregistered visitor to the Website but in order to create an Advertisement or hire a Ride and/or experience, you must first register and create a Movby Account (see paragraph 4 below).
3.4. We have no control over the Content of any Advertisement nor do we check or warrant whether a Ride and/or experience is as described in an Advertisement nor whether a Ride and/or experience described in an Advertisement is in any particular condition.
3.5. We are not a party to any arrangements or agreements entered into between Owners/offerors and Potential Hirers, Owners/offerors and Hirers, or Owners/offerors or Hirers and providers of Ancillary Services nor are we in any way liable for any claim and/or damages under any such arrangements or agreements.
3.6. We do not endorse, certify, recommend, warrant, or guarantee any Members, Ride and/or experiences, or providers of Ancillary Services. We obtain evidence of identity, address, and Sailing licenses for all Members but we do not guarantee the identity or address or existence or sufficiency of qualifications of any Member nor the accuracy of any other information supplied by any Member or provider of Ancillary Services. You are solely responsible for determining the identity and suitability of others who you contact via the Services. Except as expressly provided in these Terms, we will not be responsible and/or liable for any damage or harm resulting from or arising in connection with your use of the Services or any contact or dealings you may have with other Members or providers of Ancillary Services.
3.7. We have no authority to act for, or enter into contracts or other binding obligations on behalf of Owners/offerors, Potential Hirers, Hirers or providers of Ancillary Services. We have no control over, and shall have no responsibility for, nor shall we be in any way be liable for the acts or omissions of any Owners/offerors, Potential Hirers, Hirers or providers of Ancillary Services.
3.8. We are not brokers, agents (except for the limited purpose of receiving payments on behalf of Owners/offerors and suppliers of Ancillary Services), travel agents, insurers or marine surveyors nor do we hold ourselves out as suppliers of any goods or services other than the Services.
- Account Registration
4.1. In order to access certain features of the Services, create an Advertisement, or hire a Ride and/or experience, you must register to create a Movby Account and become a Member. You may register directly via the Services or as described in this section.
4.2. We will create your Movby Account and your Movby Account profile page for your use of the Services based upon the personal information you provide us with or that we obtain via a third party as described below. You may not have more than one active Movby Account at any given time.
4.3.You agree to provide accurate, current, and complete information during the registration process and to update such information if necessary to ensure that it is accurate, current and complete. We reserve the right to suspend or terminate your Movby Account and your access to the Services if you create or allow to exist more than one Movby Account at a time or if any information provided during the registration process or thereafter proves to be inaccurate, misleading, out of date or incomplete.
4.4 We may (but shall not be obliged to) from time to time enable you to create a Movby Account by logging into your account with an account from certain third party social networking sites, including Facebook (“Social Network Site”), each such account with a Social Network Site being a “Third Party Account”.
4.5 We may (but shall not be obliged to) from time to time provide functionality within the Services enabling you to link your Movby Account with one or more Third Party Accounts by either:
4.5.1. providing your Third Party Account login information to us via the Services; or
4.5.2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
4.6. You represent and promise to us that you are entitled to:
4.6.1. disclose any Third Party Account login information you disclose to us; and
4.6.2. grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without making us liable to pay any fees or making us subject to any usage limitations imposed by the relevant Social Network Site.
4.7 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Movby Account and Movby Account profile page, to the extent permitted under the applicable terms and conditions and settings that govern your use of each Third Party Account. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Movby Account on the Website, Services and Application.
4.8.Please note that if a Third Party Account or associated service becomes unavailable or Movby’s access to such Third Party Account is terminated by the Social Network Site, then TPA Content will no longer be available on and through the Website, Services and Application. You have the ability to disable the connection between your Movby Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Website and Application. Your relationship with the Social Network Site associated with your Third Party Account is governed solely by your agreement with such Social Network Site. We make no effort to review any TPA Content for any purpose, including for accuracy, legality or non-infringement and we are not responsible for any TPA Content.
- Account Security
5.1. You are responsible for safeguarding your password. You agree that you will not store your password in any way (whether electronically, on paper, or otherwise) and that you will not disclose your password to any person. Please note that we will never ask for your password by email, phone or in any other way. If anyone claims to be from Movby and asks for your password you should not provide them with such, but should notify us by email at info@Movby.nl as soon as possible with copies of any relevant emails you have received or sent and details, including where possible phone numbers of any phone conversations you have had.
5.2. You will immediately change your password if at any time you believe someone may have discovered your password. You will immediately notify us if you become aware of any unauthorised use of your Movby Account, including if you discover that your password has been changed without your consent.
5.3. You will take sole responsibility for any activities or actions under your Movby Account, whether or not you have authorised such activities or actions, except where such activities or actions were authorised by a third party as a result of a failure of our security systems beyond your control.
- User Conduct
6.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
6.1.1. violate any laws, rules, regulations of any jurisdiction, including any maritime laws or any order of a court of competent jurisdiction;
6.1.2. use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
6.1.3. use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
6.1.4. copy, store or otherwise access any information contained in/on the Services or Content for purposes not expressly permitted by these Terms;
6.1.5. infringe the rights of any person or entity, including their intellectual property, privacy, publicity or contractual rights;
6.1.6. interfere with or damage our Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial- of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
6.1.7. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
6.1.8. use our Services in connection with the distribution of unsolicited commercial email (“spam”) or Advertisements unrelated to a Ride and/or experience available for hire;
6.1.9. “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Hirer, Potential Hirer or Owner/offeror ;
6.1.10. offer, as an Owner/offeror , any Ride and/or experiences that you do not yourself own or have permission to hire out;
6.1.11. offer, as an Owner/offeror , any Ride and/or experiences which may not be lawfully made available for hire and/or are hired;
6.1.12. offer, as an Owner/offeror , any Ride and/or experiences which are subject to a mortgage or any other third party rights without first obtaining all necessary consents to do so;
6.1.13. register for more than one Movby Account or register for a Movby Account on behalf of an individual other than yourself;
6.1.14. contact an Owner/offeror for any purpose other than asking a question related to a booking such Owner/offeror ’s Ride and/or experiences or Advertisements;
6.1.15. contact a Hirer for any purpose other than asking a question related to a booking;
6.1.16. use the Services to recruit or otherwise solicit any Owner/offeror or other Member to join third party services or websites that are competitive to Movby;
6.1.17. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
6.1.18. use automated scripts to collect information or otherwise interact with the Services;
6.1.19. use the Services to find an Owner/offeror or Hirer and then complete a booking of a Ride and/or experience transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Movby’s provision of the Services;
6.1.20. as an Owner/offeror , submit any Advertisement with false or misleading prices or other information, or submit any Advertisement with a price or other terms that you do not intend to honour;
6.1.21. post, upload, publish, submit or transmit any Content that, in Movby’s sole judgment:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
6.1.22. Systematically retrieve data or other Content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
6.1.23. use, display, mirror or frame the Services, or any individual element within the Services, Movby’s name, any Movby trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Movby’s express prior written consent;
6.1.24 .access, tamper with, or use non-public areas of the Services, Movby’s computer systems, or the technical delivery systems of its providers;
6.1.25. attempt to probe, scan, or test the vulnerability of any Movby system or network or breach any security or authentication measures;
6.1.26. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Movby or any of Movby’s providers or any other third party (including another user) to protect the Services or Collective Content;
6.1.27. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source- identifying information;
6.1.28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
6.1.29. advocate, encourage, or assist any third party in doing any of the foregoing.
6.2. Movby will have the right to investigate and pursue (possible) violations of any of the above to the fullest extent of the law. Movby may involve and cooperate with the police and/or prosecuting authorities in prosecuting anyone who violate these Terms. You acknowledge that Movby has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order of a court of competent jurisdiction, administrative agency or other governmental body. Movby reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Movby, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
6.3. If you interact with another user of the Services who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of committing an offence in relation to you, or (iii) engages in any other disturbing conduct, you should immediately report such person to Movby at info@Movby.nl. You are also free to contact the appropriate authorities and then contactMovby and providing them with the information of the police station you reported the foregoing to and a report number at info@Movby.nl; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Age Restrictions
You may only access or use the Services if you are at least 18 years of age and by accessing or using the Services you represent and warrant that you are at least 18 years old. Owner/offeror s may specify any minimum age they consider appropriate to hire out their Ride and/or experiences, however unless otherwise specified in any Advertisement for a Ride and/or experience or expressly agreed in writing with an Owner/offeror , the minimum age to hire a Ride and/or experience is 25.
- Intellectual Property
9.1. The Services and Collective Content are protected by copyright, trademark, and other laws of The Netherlands and other jurisdictions. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights are the exclusive property of Movby and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
9.2. All trademarks, service marks, logos, trade names and any other proprietary designations of Movby used in/on the Website or Services are trademarks or registered trademarks of Movby. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective Owner/offeror s.
9.3. Movby respects copyright law and expects you to do the same. It is Movby’s policy to terminate, if deemed appropriate by Movby, the Movby Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders. Please see Movby’s Copyright Dispute Policy at www.Movby.nl for further information.
- Movby Content and Member Content License
10.1. Subject to your compliance with these Terms, Movby grants you a limited, non-exclusive, non-transferable and non-sub licensable license, to (i) access and view any Movby Content to which you are permitted access, solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non- commercial purposes.
10.2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Movby or its licensors, except for the licenses and rights expressly granted in these Terms.
- Member Content
11.1 We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website and Services, you hereby grant to Movby a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Movby does not claim any Owner/offeror ship rights in/to any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
11.2 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive Owner/offeror of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Movby the rights in/to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Movby’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.3 You hereby indemnify and keep indemnified Movby from any and all claims, and all direct and indirect liabilities, costs, proceedings, damages, losses and expenses (including legal and other professional expenses), awarded against, or incurred or paid by Movby, as a result of or in connection with any claim arising out of a violation of article 11.2.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Movby is not responsible or liable for: (i)
the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Movby of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@Movby.nl. You acknowledge and agree that all Feedback will be the sole and exclusive property of Movby and you hereby irrevocably assign to Movby and agree to irrevocably assign to Movby all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Movby’s request and expense, you will execute documents and take such further acts as Movby may reasonably request to assist Movby to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- Terminations and Movby Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with prior notice of 7 days and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Movby Account. Upon termination we will promptly pay you any amounts, which we are legally obligated to pay you. In the event Movby terminates these Terms, or your access to our Services or deactivates or cancels your Movby Account you will remain liable for all amounts due hereunder. You may cancel your Movby Account at any time by sending an email to info@Movby.com. Please note that if your Movby Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website or otherwise using the Services, including any reviews or Feedback.
- ADVERTISEMENTS AND BOOKINGS
15.1. You may create an Advertisement if you are both an Owner/offeror and a Member. You will be asked a number of questions about the Ride and/or experience to be advertised, including the location, size, features, availability, qualifications /experience required, restrictions on use, and pricing. You agree that Advertisements will be made publicly available via the Services. Other Members will be able to hire your Ride and/or experience via the Services based upon the information provided in your Advertisement. Once an Owner/offeror and a Hirer have agreed the hire of Ride and/or experience the price and other terms agreed for that hire may only be altered with the consent of both the Owner/offeror and the Hirer.
15.2. You acknowledge and agree that you are responsible for any and all Advertisements you post. You represent and warrant to us and to all other Members that any Advertisement you post, the booking of a Ride and/or experience advertised in an Advertisement posted by you, and the use by a Hirer in accordance with the agreed terms of the hire of any Ride and/or experience advertised in an Advertisement posted by you, you will:
15.2.1. not breach any agreements you have entered into with any third parties, including any person who has financed the purchase of the Ride and/or experience;
15.2.2. be in compliance with all applicable laws, rules and regulations, including laws relating to the commercial use of Ride and/or experiences and marina regulations.
15.3 Movby assumes no responsibility for an Owner/offeror ’s compliance with any applicable laws, rules and regulations and Owner/offeror hereby indemnifies Movby of any claims and/or liability, from either a third party or Owner/offeror arising out of or in connection with the non-compliance of Owner/offeror with any applicable laws, rules and regulations, including laws, rules and regulations relating to operating permits and mooring permits. Movby reserves the right, at any time and without prior notice, to remove or disable access to any Advertisement which Movby, in its reasonable opinion, considers to be in breach of these Terms or otherwise objectionable or harmful to Movby’s reputation.
15.4. You understand and agree that Movby does not act as an insurer or as an agent with power to enter into contracts for you as an Owner/offeror . If a Potential Hirer requests a booking of your Ride and/or experience, any agreement you enter into with that Potential Hirer is between you and the Potential Hirer and Movby is not a party to that agreement. Notwithstanding the foregoing, Movby serves as the limited agent of the Owner/offeror for the purpose of accepting payments from Hirers on behalf of the Owner/offeror and is responsible for transmitting such payments to the Owner/offeror in accordance with the Terms.
15.5. When you create an Advertisement, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Ride and/or experience, including requiring Members to have a profile picture or verified phone number, in order to hire your Ride and/or experience. Any Member wishing to hire Ride and/or experiences included in Advertisements with such requirements must meet these requirements. We do not guarantee that any Member claiming to meet any requirements in fact does so and it is your sole responsibility to determine whether or not a Member does meet your requirements. More information on how to set such requirements is available via the “Owner/offeror s” section of the Services.
15.6. If you are an Owner/offeror , Movby may make certain tools available to you to help you to make informed decisions about which Members you choose to hire your Ride and/or experience to. You acknowledge and agree that, as an Owner/offeror , you are solely responsible for your own acts and omissions. Movby does not represent or guarantee that any person you decide to hire your Ride and/or experience to, whether or not on the basis of any tools made available by Movby, is qualified or suitable to hire your Ride and/or experience.
16.1. If you are an Owner/offeror and a booking is requested for your Ride and/or experience via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested or the booking request may be automatically cancelled. When a booking is requested via the Services, we will share with you (a) the first and last name of the Potential Hirer who has requested the booking, and (b) a link to the Potential Hirer’s Movby Account profile page so that you can view the information on that page before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Ride and/or experience within such 24 hour period, any amounts collected by Movby for the requested booking will be refunded to the applicable Potential Hirer’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a Potential Hirer, Movby will send you an email message via the Services confirming such booking, depending on the selections you make via the Services.
16.2. The fees displayed in each Advertisement are comprised of the Hire Charges and the Late Charges. Where applicable, Tax may be charged in addition to the Hire Charges and Late Charges, such will clearly be stated in the Advertisement. The Hire Charges, Late Charges and applicable Tax are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Hirer solely relating to an Owner/offeror ’s Ride and/or experience which are actually collected by Movby are the “Hire Charges”. Please note that it is the Owner/offeror and not Movby which determines the Hire Charges. The Hire Charges may include a cleaning fee, pre-paid fuel charges, or additional training costs, at the Owner/offeror ’s discretion.
16.3. Owner/offeror s, not Movby, are solely responsible for honouring any confirmed bookings and making available any Ride and/or experiences reserved through the Services. If you, as a Hirer, choose to enter into a transaction with an Owner/offeror for the booking of a Ride and/or experience, you agree and understand that you will be entering into a contract with the Owner/offeror and you agree to accept any terms, conditions, rules and restrictions associated with such Ride and/or experience imposed by the Owner/offeror , all of which will be notified to you before you are required to commit to that contract. You acknowledge and agree that you, and not Movby, will be responsible for performing the obligations of any such contracts, that Movby is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Hire Charges and Late Charges to the applicable Owner/offeror , Movby disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Movby is not a party to the agreement between you and the Owner/offeror , Movby acts as the Owner/offeror ’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner/offeror . Upon your payment of amounts to Movby which are due to the Owner/offeror , your payment obligation to the Owner/offeror for such amounts is fulfilled, and Movby is responsible for remitting such amounts, less Movby’s Service Fees, to the Owner/offeror . In the event that Movby does not remit any such amounts to an Owner/offeror , such Owner/offeror will have recourse for such amounts only against Movby.
16.4. You, the Hirer, agree to pay Movby the Hire Charges and Late Charges for any booking requested in connection with your Movby Account if such requested bookings are confirmed by the applicable Owner/offeror . In order to establish a booking pending the applicable Owner/offeror ’s confirmation of your requested booking, you understand and agree that Movby, on behalf of the Owner/offeror , reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Hire Charges or (ii) charge your credit card a nominal amount, not to exceed one euro (€1) to verify your credit card. Once Movby receives confirmation of your booking from the applicable Owner/offeror , Movby will collect the Hire Charges and Late Charges in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Movby cannot control any fees that may be charged to a Hirer by his or her bank related to Movby’s collection of the Hire Charges or Late Charges, and Movby disclaims all liability in this regard.
- Security Deposits
17.1. A security deposit will be specified in every Advertisement (“Security Deposit”). For all Security Deposits included in an Advertisement for a confirmed booking of a Ride and/or experience, Movby will, in its capacity as the payment agent of the Owner/offeror , use its reasonable endeavours to obtain a pre-authorisation of the Hirer’s credit card in the amount the Owner/offeror determines for the Security Deposit within a reasonable time prior to the commencement of the Hirer’s hire of the Ride and/or experience. Movby will also use its reasonable endeavours to address Owner/offeror s’ requests and claims related to such Security Deposits, but Movby is not responsible for administering or accepting any claims by Owner/offeror s related to Security Deposits, and disclaims any and all liability in this regard.
17.2. A Security Deposit may be applied towards, and a Hirer’s credit card charged up to the amount of the Security Deposit for:
17.2.1. the cost of making good any damage to a Ride and/or experience for which a Hirer is responsible and which is not covered by the Insurance Policy, including damage up to the amount of any excess on the Insurance Policy for the respective Ride and/or experience;
17.2.2. any Late Charges payable by a Hirer.
17.3. A Hirer’s liability for damage to a Ride and/or experience is not limited to the amount of the Security Deposit provided by the Hirer. See paragraph 26 below for further terms in relation to damage to Ride and/or experiences.
- Service Fees payable by Owner/offeror s
18.1. In consideration for providing the Services, Movby charges service fees to Owner/offeror s (“Service Fees”). Service Fees are based upon a percentage of the amount of Hire Charges and Late Charges (if any), excluding any Tax. Where applicable, Value Added Tax and any other applicable Tax may also be charged to Owner/offeror in addition to the Service Fees. Service Fees are deducted from the Hire Charges before remitting the Hire Charges to the Owner/offeror , within 24 hours of when the Hirer checks in the applicable Ride and/or experience at the end of the Actual Hire Period.
18.2. Balances will be remitted in Euro’s by Movby to Owner/offeror s by direct credit transfer or other payment methods described on the Services. More information on Services Fees can be found at www.Movby.nl. Except as otherwise provided herein, Service Fees are non-refundable.
- Cancellation Policy
19.1. If, as a hirer, you cancel your requested booking before the requested booking is confirmed by an Owner/offeror , Movby will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a hirer, you wish to cancel a confirmed booking made via the Services, the cancellation policy of the Owner/offeror contained in the applicable Advertisement will apply to such cancellation. The Owner/offeror has the choice of Strict, Medium or Flexible cancellation policy.
If you cancel the booking you will be fully refunded up to one month before sailing. Within a month before sailing you will be charged a 75% of the booking amount.
If you cancel the booking up to 7 days before sailing you will be fully refunded. Within 7 days before sailing you will be charged 75% of the booking amount.
If you cancel the booking, you will be fully refunded up to 24 hours before sailing. Within 24 hours before sailing you will be charged 75% of the booking amount.
If there is no cancellation policy shown in the Owner/offeror s advertisement the the general policy will count as shown in 19.2.
19.2. Subject to paragraph 22.4 Guest will receive a full refund of booking price in the case, if a cancellation will be made at least thirty (30) days prior to the check-in date (local time at the holiday starting destination). Cancellations made less than thirty (30) days prior to the check-in date will not be reimbursed (local time at the holiday starting destination).
The Service Fees of Movby are non-refundable in all cases.
The reservation is officially cancelled when the Guest clicks the corresponding cancellation button on the confirmation page, which is found under: Bookings > Cancel. In case of complaints from any party, Movby has the final word in any dispute in its sole discretion. Cancellation policies may be superseded by the safety cancellations, Guest Refund Policy (as below defined), or Extenuating Circumstances (as below defined). All users are encouraged to check these carefully by reading the following exceptions.
- Appointment of Movby as Payment Agent
20.1. Each Owner/offeror hereby appoints Movby as the Owner/offeror ’s limited agent solely for the purpose of collecting payments made by Hirers on behalf of the Owner/offeror and forwarding such payments to Owner/offeror , minus the applicable Service Fees. Each Owner/offeror agrees that payment of Hire Charges made by a Hirer to Movby shall be considered the same as a payment made directly to the Owner/offeror and the Owner/offeror will make the Ride and/or experience available to a Hirer in the agreed upon manner as if the Owner/offeror has received the Hire Charges. Each Owner/offeror agrees that Movby may, in accordance with the cancellation policy selected by the Owner/offeror and reflected in the relevant Advertisement, (i) permit the Hirer to cancel the booking and (ii) refund to the Hirer that portion of the Hire Charges specified in the applicable cancellation policy. In accepting appointment as the limited authorised agent of the Owner/offeror , Movby assumes no liability for any acts or omissions of the Owner/offeror .
20.2. Movby does not currently charge fees for the creation of Advertisements. However, you acknowledge and agree that Movby reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Advertisements, or for other features of the Services. Movby will provide adequate notice of any such additional fees via the Services, prior to implementing such fees, and if you do not wish to incur such fees you do not have to post any further Advertisements and you are free to remove any Advertisements.
- RIDE AND/OR EXPERIENCE HIRE TERMS
- Hirer’s & Crew’s Competency
The Hirer warrants and undertakes to the Owner/offeror that the Hirer and the Hirer’s crew have all necessary qualifications, experience, and competence to operate and navigate the Ride and/or experience safely and in compliance with all applicable laws and are in possession of a ride and/or experiencemaster’s licence (“vaarbewijs”) if such is required. The Hirer shall, if requested, produce to the Owner/offeror or the Owner/offeror ’s representative prior to the commencement of the Agreed Hire Period original or officially issued ride and/or experiencemaster’s licence in relation to any qualifications the Hirer and/or the Hirer’s crew has or have claimed to possess in the Hirer’s Movby Account profile page. Failure to produce any such licence may result in the Hirer being denied access to the Ride and/or experience.
- Pre-Hire Inspection & Sea Trials
22.1. Prior to the commencement of the Agreed Hire Period, the Hirer may inspect the Ride and/or experience in the company of the Owner/offeror or the Owner/offeror ’s representative to assess the condition of the Ride and/or experience and to satisfy the Hirer that the Ride and/or experience is as described in the Advertisement the Hirer responded to or is otherwise in such condition as has been agreed between the Owner/offeror and the Hirer.
22.2. Either the Hirer or the Owner/offeror (including the Owner/offeror ’s representative) may require the other to undertake a sea trial of up to one hour to assess (in the case of the Hirer) the condition of the Ride and/or experience and (in the case of the Owner/offeror or the Owner/offeror ’s representative) the competency of the Hirer and the Hirer’s crew.
22.3. If, following inspection or sea trial in accordance with paragraphs 22.1 or 22.2, the Hirer (acting reasonably) determines that (i) the condition of the Ride and/or experience is not as described in the Advertisement the Hirer responded to or is otherwise not in such condition as has been agreed with the Owner/offeror or (ii) the Ride and/or experience is unseaworthy, the Hirer may terminate the Hire and shall be entitled to (i) a refund of all sums paid and shall have no liability to the Owner/offeror to pay any Hire Charges or Late Charges, and (ii) the release of the Hirer’s Security Deposit.
22.4. If, before or after sea trial in accordance with paragraph 22.2, the Owner/offeror or the Owner/offeror ’s representative (in either case acting reasonably) determines that the Hirer and/or the Hirer’s crew is or are not competent to operate and navigate the Ride and/or experience safely and in compliance with all applicable laws, the Owner/offeror may terminate the Hire and shall be entitled to payment of such sums as would be payable under the cancellation policy of the Owner/offeror contained in the applicable Advertisement in the event of a cancellation by the Hirer on the day the Agreed Hire Period was due to commence. If the Owner/offeror is able to re-hire the Ride and/or experience for any part of the original Agreed Hire Period the Owner/offeror shall give credit to the original Hirer for any sums received for such re-hire, less any additional costs incurred by the Owner/offeror .
22.5. Acceptance of the Ride and/or experience by the Hirer shall be evidence that the Ride and/or experience is in a satisfactory condition in accordance with the terms of the contract between the Hirer and the Owner/offeror .
22.6. If the Hirer does not accept delivery of the Ride and/or experience within three hours from the start of the Agreed Hire Period and has not notified the Owner/offeror of Hirer’s intention to accept delivery later during the Agreed Hire Period, the Owner/offeror may terminate the Hire and shall be entitled to payment of such sums as would be payable under the cancellation policy of the Owner/offeror contained in the applicable Advertisement in the event of a cancellation by the Hirer on the day the Agreed Hire Period was due to commence. If the Owner/offeror is able to re- hire the Ride and/or experience for any part of the original Agreed Hire Period, the Owner/offeror shall give credit to the original Hirer for any sums received for such re-hire, less any additional costs incurred by the Owner/offeror .
- Hirer’s Undertakings
A Hirer commits to the Owner/offeror whose Ride and/or experience is Hired to the Hirer throughout the Actual Hire Period:
23.1. to operate and navigate the Ride and/or experience safely and in compliance with all applicable laws (including customs, marina, harbour, and port regulations applicable at any place where the Ride and/or experience is from time to time) and to be fully responsible for the safety and security of the Ride and/or experience at all times during the Actual Hire Period;
23.2. not to allow the Ride and/or experience to dry out or be stranded and to ensure that the Ride and/or experience is moored only at secure and properly maintained mooring points;
23.3. not to anchor the Ride and/or experience in a place where anchoring is restricted or is otherwise unsuitable for anchoring the Ride and/or experience;
23.4. to at no time during the Actual Hire Period, allow the Ride and/or experience to be left unattended unless the Ride and/or experience is safely moored or anchored in a marina, harbour or other similar location and all locks giving access to the interior of the Ride and/or experience, any equipment on the Ride and/or experience, or enabling any engine on the Ride and/or experience to be operated are locked and the keys removed from the Ride and/or experience;
23.5. to pay all running costs of the Ride and/or experience during the Actual Hire Period including fuel, marina/harbour/port/mooring fees, pilot fees, charts (other than charts, if any, provided by the Owner/offeror with the Ride and/or experience), food, and water;
23.6. to use the Ride and/or experience solely for private pleasure cruising for the Hirer, the Hirer’s crew and guests and not use the Ride and/or experience for any commercial or business purpose;
23.7. not to carry on the Ride and/or experience more than the number of persons the Ride and/or experience is licensed to carry by any relevant authority;
23.8. not to allow any animals on board the Ride and/or experience without the express prior written permission of the Owner/offeror (which may be withheld at the Owner/offeror ’s absolute discretion);
23.9. not to use the Ride and/or experience outside any geographical limits specified by the Owner/offeror ;
23.10. not to race the Ride and/or experience without the express prior written permission of the Owner/offeror (which may be withheld at the Owner/offeror ’s absolute discretion);
23.11. not to sell, mortgage, pledge, hire, lend, encumber with any limited right or otherwise give up possession entirely or partially of the Ride and/or experience or attempt or claim to do so;
23.12. to pay for, or at the discretion of the Owner/offeror , make good any loss of, or damage to, the Ride and/or experience during the Actual Hire Period which is not recoverable under the Insurance Policy;
23.13. to notify the Owner/offeror of any failure of, or damage to, the Ride and/or experience or any incident involving a third party as soon as reasonably possible , but in any case within eight hours of such failure, damage or incident, and comply with any reasonable instructions given by the Owner/offeror in relation to the same;
23.14. not to knowingly or recklessly do or omit to do any act or thing which may void, or allow the insurers to void, the Insurance Policy in whole or in part, or which may result in any claim under the Insurance Policy being denied in whole or in part;
23.15. to indemnify (that is compensate and hold harmless) the Owner/offeror against any loss or damage incurred or suffered by the Owner/offeror as a result of any breach by the Hirer of paragraph 23.14 above;
23.16. to deliver the Ride and/or experience to the Owner/offeror at the end of the Agreed Hire Period, free of any mortgage, pledge, limited rights or any debts (other than mortgages or debts incurred by the Owner/offeror ), in as good, clean and tidy condition as when the Ride and/or experience was delivered to the Hirer (fair wear and tear excepted), at the place the Ride and/or experience was delivered to the Hirer or at such other place as has been agreed between the Owner/offeror and the Hirer;
23.17. if the Hirer fails to deliver the Ride and/or experience as required in paragraph 23.16, to pay Late Charges to the Owner/offeror for the whole period between the end of the Agreed Hire Period and the end of the Actual Hire Period, unless such failure is caused by the occurrence of a risk covered by the Insurance Policy or by a mechanical or other failure of the Ride and/or experience which is not the Hirer’s responsibility under these Terms.
- Owner/offeror ’s Undertakings
Subject to paragraph 22.4, an Owner/offeror commits to the Hirer who hires the Owner/offeror ’s Ride and/or experience:
24.1. to deliver the Ride and/or experience to the Hirer:
24.1.1. at the start of the Agreed Hire Period at the agreed place, failing which (i) if the delay is up to 25% of the Agreed Hire Period, the Owner/offeror ’s liability shall be limited to a pro rata refund of the Hire Charges, and (ii) if the delay is 25% or more of the Agreed Hire Period the Hirer shall be entitled to terminate the Hire and receive a refund of all sums paid and shall have no liability to the Owner/offeror to pay any Hire Charges or Late Charges and shall be entitled to the release of the Hirer’s Security Deposit;
24.1.2. in the condition described in the Advertisement the Hirer responded to or in such other condition as agreed with the Hirer;
24.2. in the event of a Hirer terminating the Hire under paragraph 24.1.1, to compensate the Hirer for any non-refundable travel or accommodation expenses reasonably incurred in connection with, or anticipation of, the Hire, provided that (i) the Owner/offeror shall have no liability to the Hirer in respect of any other consequential loss or loss of use or enjoyment of the Ride and/or experience, and (ii) the Owner/offeror ’s liability to the Hirer for any breach of contract entitling the Hirer to terminate the Hire under paragraph 24.1.1 shall not exceed 50% of the Hire Charges agreed for the Hire;
24.3. to permit the Hirer to use the Ride and/or experience in accordance with these Terms for the Agreed Hire Period, provided that the Owner/offeror does not warrant or represent that the Ride and/or experience is suitable for any particular purpose unless expressly stated in the Advertisement the Hirer responded to or as otherwise agreed in writing by the Owner/offeror ;
- INSURANCE & DAMAGE TO RIDE AND/OR EXPERIENCES
- Scope of Movby’s obligations
26.1. If you choose to use the Services, you do so at your own risk. You acknowledge and agree that Movby does not have an obligation to conduct background checks on any Member, including (Potential) Hirers and Owner/offeror s, but, at its sole discretion, may conduct such background checks. The Services and/or Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Movby explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement of any kind, and any warranties arising out of or in the course of dealing or usage of trade. Movby makes no warranty that the Services and/or Collective Content, including the Advertisements or any Ride and/or experiences, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Movby makes no warranty regarding the quality of any Advertisements, Ride and/or experiences, or the Services or Member Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Member Content.
26.2. No advice or information, whether oral or written, obtained from Movby or through the Services or Collective Content, will create any warranty not expressly made herein, unless expressly made in any such advice or information.
26.3. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including any Owner/offeror s or (Potential) Hirers. You understand that Movby does not make any attempt to verify the statements of users on/of the Website or Services or to review or inspect any Ride and/or experiences. Movby makes no representations or warranties as to the conduct of users of the Website, Application or Services or their compatibility with any current or future users of the Website, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, including (Potential) Hirers and Owner/offeror s, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Movby.
26.4. Notwithstanding Movby’s appointment as the limited agent of the Owner/offeror s for the purpose of accepting payments from Hirers on behalf of the Owner/offeror s, Movby explicitly disclaims any and all liability for any act or omission of any Potential Hirer, Hirer or other third party.
- Limitation of Liability
27.1. You acknowledge and agree that, the entire risk arising out of or in connection with your access to and use of the Services and Collective Content, your Advertisement or booking of and use of any Ride and/or experiences via the Services, and any contact you have with other users of the Services whether in person or online remains with you. Neither Movby nor any other party involved in creating, producing, or delivering the Service and/or Collective Content will be liable for any direct or indirect damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Services and/or Collective Content, from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, or from your Advertisement, booking, or use of any Ride and/or experience via the Services, whether based on warranty, contract, unlawful act, product liability or any other legal basus, and whether or not Movby has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
27.2. Except for our obligations to pay amounts due by Hirers to Owner/offeror s pursuant to these Terms, in no event will Movby’s aggregate liability arising out of or in connection with these Terms and your use of the Services including from your Advertisement, booking or use of any Ride and/or experience via the Services, or from the use of or inability to use the Services, or Collective Content and in connection with any Ride and/or experience or interactions with any other Members, exceed the amounts you have paid for bookings via the Website, Application and Services as a guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Owner/offeror , the amounts paid by Movby to you in the twelve (12) month period prior to the event giving rise to the liability, or EUR 100.-, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the contract between Movby and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you if that is the case in your jurisdiction.
27.3. Nothing in this paragraph 27 shall limit or exclude Movby’s liability in respect of death or personal injury caused by its acts or defaults or the acts or defaults of any person for whom it is liable.
28.1. You agree to release, defend, indemnify, and hold harmless Movby and all companies in its group of companies including parent companies, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and other professional fees, arising out of or in any way connected with (a) your access to or use of the Services and/or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking, hire or use of a Ride and/or experience, (iii) creation of an Advertisement or (iv) the use, condition or hire of a Ride and/or experience by you, including any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a hire , booking or use of a Ride and/or experience.
28.2. Nothing in this paragraph 28 shall limit or exclude Movby’s liability in respect of death or personal injury caused by its acts or defaults or the acts or defaults of any person for whom it is liable.