Kaparki Terms & Conditions
This translated draft is provided for product development. The Dutch version and any future legal review are leading. Sections noted as pending clarification may change before launch.
1. Definitions
- Account
- An individual profile you create truthfully to register and log in to the Kaparki platform.
- Terms & Conditions
- The general terms and conditions that apply to Kaparki and the services available on the platform.
- Deposit
- The amount charged for the rental period as security for extra costs, damages, or surcharges.
- Content
- All information placed by Kaparki on the platform, such as trademarks, texts, layout, and graphic design.
- Confirmed Booking
- A booking is final when the renter makes the first payment of the rental fee through the Kaparki platform.
- Service
- The Kaparki platform that enables vehicle rental and leasing between parties.
- Deductible
- The portion charged to the renter if they cause damage to the rented vehicle.
- User
- A natural person who has created an Account on the Kaparki platform to use the services.
- IP Rights
- Intellectual property rights including copyright, patents, trademarks, trade names, design rights, and related rights.
- KaparkiAgree
- A form that both renter and owner complete and sign before and after the rental period.
- Renter
- The User who acts as the renting party under a Rental Agreement.
- Rental Agreement
- An agreement concluded via the Kaparki platform between an Owner and a Renter for the rental of a vehicle.
- Owner
- The User who acts as the providing party under a Rental Agreement.
2. Applicability
2.1 These Terms & Conditions apply to every use of the Service and to every Rental Agreement.
2.2 Kaparki may change or supplement these Terms & Conditions at any time. The current version is always available on the platform. By continuing to use the platform after modifications, you agree to the updated Terms & Conditions. If you do not agree, you may stop using the Service and request that Kaparki cancel your Account.
3. Registration and Account
3.1 You must create an Account to use the Service and provide complete and accurate information.
3.2 You are responsible for keeping your Account information complete and up to date.
3.3 Information you provide is stored in a database and processed in line with Kaparki's Privacy Policy.
3.4 You must keep your username and password secret. You are responsible for activities under your Account and must inform Kaparki immediately if you suspect misuse.
4. Use of the Service
4.1 Kaparki is only a platform provider and is not a party to Rental Agreements concluded between Users.
4.2 The Service is provided on an "as is" basis without guarantees or warranties.
4.3 Kaparki may modify, adjust, suspend, or terminate the Service at any time without liability.
4.4 Kaparki does not guarantee uninterrupted or error-free availability of the Service and may suspend it temporarily without prior notice.
4.5 Users may leave reviews after each rental. Reviews must be genuine and lawful. Kaparki may remove reviews but does not verify their content.
5. Formation of Rental Agreement
5.1 Owners can list vehicles on the platform with rental prices, mileage fees, and other conditions.
5.2 Renters may submit booking requests for specific periods.
5.3 Owners can accept booking requests via the platform. Other open requests for the same period may then be removed.
5.4 These Terms & Conditions, any additional conditions agreed by the parties, and applicable laws govern the Rental Agreement.
6. Payment
6.1 Users agree to pay Kaparki service or booking fees, typically a percentage of each booking.
6.2 Payments are processed via Stripe. Kaparki receives funds and pays the Owner 24 hours after rental start, minus Kaparki's fee.
6.3 Kaparki's records are leading regarding payment amounts unless proven otherwise.
6.4 Kaparki may cancel bookings if the renter fails to pay.
6.5 Renters are responsible for paying any requested Deposit. Kaparki may manage the Deposit unless otherwise approved.
6.6 Kaparki may offset outstanding amounts or terminate access to the Service in case of unpaid fees.
6.7 For foreign currency payments, Kaparki and Owners are not liable for bank fees, exchange costs, or rate differences in Deposit refunds.
7. Intellectual Property Rights
7.1 All IP Rights related to the Service and Content belong to Kaparki or its licensors.
7.2 You receive a limited, personal, revocable, non-transferable right to use the Service.
7.3 You may not remove or alter IP notices, register marks resembling Kaparki's IP, or reuse substantial Content without permission.
7.4 You retain IP rights to content you upload, but grant Kaparki a free, worldwide, non-exclusive license to use it as part of the Service until you remove it.
8. Liability
8.1 Kaparki is only liable for direct damages proven to result from its own fault, up to EUR 1,000.
8.2 Direct damages include reasonable costs incurred to prevent or mitigate damage, or to determine its cause, liability, and method of recovery.
8.3 Kaparki is not liable for damage caused by third-party information, user-generated content, vehicle issues, personal injury, fines, fuel costs, or user breaches.
8.4 Users indemnify Kaparki against claims and costs arising from their breach of these Terms & Conditions or unlawful actions.
9. Termination
9.1 Users may delete their Account at any time. Existing Rental Agreements remain valid.
9.2 Kaparki may suspend or delete Accounts if users violate these Terms & Conditions.
9.3 Outstanding payments or credits will be settled when an Account is terminated. Any debts to Kaparki become immediately due.
10. Miscellaneous
10.1 Dutch law applies to these Terms & Conditions.
10.2 Disputes will be submitted to the competent court in Amsterdam, unless otherwise required by law.
10.3 If a clause is invalid, the remainder stays in force. Kaparki will replace an invalid clause with a valid one that reflects the original intent.
10.4 Kaparki may transfer or pledge its rights and obligations to third parties with prior notification.
11. Dispute Resolution
11.1 For deposit disputes up to the deductible amount, parties agree to request a binding decision from Kaparki.
11.2 Disputes must be filed within 14 days after the reservation ends.
11.3 Parties may still seek legal action or alternative dispute resolution after Kaparki's advice.
11.4 Kaparki may refuse to issue advice if conditions are not met.
11.5 When Kaparki mediates, both parties must provide relevant documents and information. Kaparki is not liable for its advice.