TERMS OF USE

GEBRUIKSVOORWAARDEN

HuurAll — Peer-to-Peer Rental Marketplace

Effective Date: [DATE]

Version 1.0

1. Introduction and Scope

1.1 About HuurAll

These Terms of Use (the “Terms”) apply between you and HuurAll B.V., a company registered in the Netherlands at the Chamber of Commerce (Kamer van Koophandel) under registration number [KvK NUMBER] (“HuurAll”, “we”, “us” or “our”), when you use the services provided through the HuurAll website (www.huurall.nl) and mobile application (together, the “Platform”).

HuurAll operates a digital peer-to-peer (P2P) marketplace enabling individuals who wish to rent out items (“Lenders” or “Kiraya Verenler”) to connect with individuals who wish to rent such items (“Renters” or “Kiracılar”). Together, Lenders and Renters are referred to as “Users”, “you” or “your”.

1.2 Role of HuurAll

HuurAll acts solely as an intermediary platform facilitating connections between Lenders and Renters. HuurAll is not a party to any rental agreement between a Lender and a Renter. The rental agreement is concluded directly between the Lender and the Renter. HuurAll does not own, manage, or control any of the items listed on the Platform.

1.3 Acceptance and Amendments

By registering for and/or using the Platform, you confirm that you have read, understood, and accepted these Terms. These Terms constitute the entire agreement between HuurAll and the User regarding the use of the Platform. HuurAll reserves the right to update or amend these Terms. Users will be notified of material changes at least six (6) weeks before the effective date. If you do not agree with the amended Terms, you may terminate your account before the changes take effect.

1.4 Consumer Protection

Nothing in these Terms affects any mandatory rights you may have as a consumer under Dutch consumer protection law, including Book 6 and Book 7 of the Dutch Civil Code (Burgerlijk Wetboek), the European Consumer Rights Directive as implemented in Dutch law, and the Wet handhaving consumentenbescherming.

1.5 Language and Jurisdiction

The Platform is available in Dutch and English. These Terms are governed by and shall be interpreted in accordance with the laws of the Netherlands. In case of any discrepancy between the Dutch and English versions, the Dutch version shall prevail.

2. Registration and User Accounts

2.1 Eligibility

To use the Platform, Users must register an account. Registration is only available to natural persons aged eighteen (18) or older with full legal capacity, or legal entities duly authorized under Dutch law. By registering, you confirm that you meet these requirements.

2.2 Registration Process

Users register through the Platform by providing accurate and complete information, including but not limited to: full name, email address, residential city, and profile photograph. Users may also register using Google or Apple social login. Upon registration, Users must verify their email address and mobile phone number via SMS verification.

2.3 Account Security

Users must keep their login credentials confidential and must not allow third parties to access their account. Users are solely responsible for all activity that occurs under their account. If you suspect unauthorized access to your account, you must immediately notify HuurAll at support@huurall.nl so your account can be suspended pending investigation.

2.4 IBAN Verification

Lenders who wish to receive payments must link a verified IBAN (bank account) to their account through Stripe Connect onboarding. HuurAll may verify the validity of the provided bank account details.

2.5 Identity Verification

In the MVP phase, basic identity verification (identity document photograph upload + manual review) is required. From Phase 2 onward, enhanced KYC (Know Your Customer) verification may be implemented, including DigiD integration or third-party identity verification services. HuurAll may suspend or restrict access if verification is not completed or raises concerns.

2.6 Payments Processing

By using the Platform, you acknowledge that payments are processed by Stripe (our third-party payment service provider via Stripe Connect). You agree to comply with any identity verification, KYC checks, AML (Anti-Money Laundering) checks, and other regulatory requirements that Stripe may impose. HuurAll may suspend access if you fail to complete such checks.

3. Listings and Item Management

3.1 Creating Listings

Only registered Users who are legally capable of entering into binding agreements may create listings. Each listing must relate to one (1) item only, and only one listing may be created per item. Listings must include: a clear title and description in Dutch or English, up to eight (8) photographs, the appropriate category, pricing (daily, weekly, and/or monthly rates), the delivery preference (hand delivery or shipping), and the item’s location.

3.2 Categories

During the MVP phase, listings are limited to three (3) main categories: Gereedschap & Klussen (Tools & DIY), Elektronica & Camera (Electronics & Camera), and Sport & Outdoor. Additional categories will be introduced in subsequent phases.

3.3 Accuracy and Compliance

Lenders are responsible for ensuring all listing information is accurate, complete, up to date, and compliant with applicable Dutch and EU laws. HuurAll may modify, disable, or remove listings that are inaccurate, misleading, or violate these Terms.

3.4 Prohibited Items

The following items are strictly prohibited from being listed on the Platform: weapons and ammunition, illegal drugs and controlled substances, prescription medications, alcohol and tobacco products, live animals, counterfeit or trademarked goods, pornographic material, explosives and flammable materials, items suspected of being stolen or lost, personal hygiene products that cannot be reused, and any item whose rental would violate Dutch or EU law. HuurAll employs AI-powered content moderation (via Claude API) to detect prohibited items in both images and text descriptions. Listings containing prohibited items will be immediately removed and the user account may be permanently suspended.

3.5 Listing Status

Listings can have the following statuses: Active (available for rental), Inactive (temporarily hidden by the Lender), Rented (currently rented out, automatically removed from search), and Expired (rental period ended). When an item is successfully rented, the listing is automatically removed from active search results.

4. Offer and Counter-Offer Mechanism (Teklif/Karşı Teklif)

4.1 Rental Options

Renters have two options when viewing a listing: (a) “Rent Now” (Hemen Kirala) — rent at the listed price immediately, or (b) “Make an Offer” (Teklif Ver) — propose a different price and/or rental duration.

4.2 Offer Process

When making an offer, the Renter submits: a proposed rental price, a proposed rental duration, and an optional short message. The Lender receives a notification (push notification + email) and has twenty-four (24) hours to respond. If no response is given within 24 hours, the offer is automatically declined. Reminder notifications are sent every eight (8) hours.

4.3 Lender Response

The Lender may: Accept the offer (rental process begins), Decline the offer (no further action required), or Make a counter-offer with a revised price and/or duration.

4.4 Negotiation Limits

The Renter may submit a maximum of three (3) offers per listing. The Lender may submit unlimited counter-offers. After three rounds of negotiation without agreement, the offer process automatically closes. This limit prevents infinite negotiation loops.

4.5 Minimum Price

Lenders may optionally set a hidden minimum acceptable price. If a Renter’s offer falls below this minimum, the Lender receives a visual alert but is not obligated to decline the offer.

5. Payment and Commission

5.1 Payment Processing

All payments are processed through Stripe Connect. Payments are held in escrow by Stripe during the rental period. HuurAll does not directly hold User funds. Accepted payment methods include: iDEAL (primary payment method for the Netherlands), credit/debit cards (Visa, Mastercard), and Bancontact.

5.2 Commission

HuurAll charges a commission of 10% (ten percent) of the agreed rental price, payable by the Lender. This commission is automatically deducted from the rental payment before the remaining amount is transferred to the Lender’s bank account. The commission rate is fixed from day one — there is no free trial period, no subscription fee, and no hidden charges. HuurAll may adjust the commission rate with six (6) weeks’ prior written notice.

5.3 Payment Flow

The payment process follows these steps: (1) Upon rental confirmation, the full rental amount plus deposit is charged to the Renter’s payment method. (2) Funds are held in escrow by Stripe. (3) The Lender ships the item or arranges hand delivery and enters the tracking number. (4) The Renter confirms receipt, or receipt is automatically confirmed after three (3) business days. (5) After confirmation, the rental amount minus commission is transferred to the Lender within three (3) business days. (6) Upon successful return of the item in undamaged condition, the deposit is refunded to the Renter.

5.4 Deposit

A deposit equivalent to a percentage of the item’s declared value may be required. The deposit is held by Stripe and returned to the Renter upon successful return of the item without damage. In case of damage, the deposit may be partially or fully retained.

5.5 VAT (BTW)

All prices displayed on the Platform are inclusive of the applicable Dutch VAT (BTW) at the statutory rate (currently 21%). HuurAll will issue commission invoices to Lenders automatically. Lenders are responsible for their own tax obligations arising from rental income and should consult a tax advisor regarding BTW and income tax implications.

5.6 DAC7 Reporting

In accordance with EU Directive 2021/514 (DAC7), HuurAll is obligated to report seller (Lender) income data to the Dutch Tax Authority (Belastingdienst) annually. By using the Platform as a Lender, you consent to this reporting obligation.

5.7 Prohibited Payment Avoidance

Users who attempt to circumvent the Platform’s payment system (e.g., by arranging payment outside the Platform) may have their account terminated immediately. HuurAll reserves the right to pursue claims for unpaid commissions.

6. Delivery and Logistics

6.1 Delivery Options

Users may choose between: (a) Hand delivery (elden teslim) — Lender and Renter agree on a meeting point within the same city, or (b) Shipping (kargo) — via PostNL or DHL with tracking number integration.

6.2 Shipping Costs

Shipping costs are determined at the time of listing. The Lender may choose to bear the shipping cost, pass it to the Renter, or split it. Shipping cost arrangements are clearly displayed on the listing page.

6.3 Delivery Confirmation

The Renter must confirm receipt of the item through the Platform within three (3) business days of delivery. If no confirmation is provided, and the delivery is confirmed by the carrier’s tracking system, receipt is automatically confirmed by the Platform.

6.4 Return Process

At the end of the rental period, the Renter must return the item in the same condition as received, allowing for normal wear and tear. The Renter bears the return shipping cost unless otherwise agreed. The Lender must confirm receipt and condition of the returned item within 48 hours.

7. Ratings and Trust System

7.1 Rating System

After each completed rental, both Lender and Renter may rate each other on a 5-star scale and provide a written review. Sub-category ratings include: item quality, communication, and timely shipping.

7.2 Minimum Rating Enforcement

Users whose average rating falls below 3.0 stars (based on a minimum of three ratings) will receive a warning notification. Users whose average rating falls below 2.0 stars will have their account automatically suspended pending review.

7.3 Review Integrity

HuurAll reserves the right to remove reviews that are fraudulent, abusive, or violate these Terms. AI-powered fake review detection will be implemented from Phase 2 onward.

8. Disputes and Damage Resolution

8.1 Damage Reporting

If an item is received in a damaged condition not disclosed in the listing, or if damage occurs during the rental period, the affected party must immediately report the issue through the Platform’s “Report a Problem” (Sorun Bildir) function, including photographic and/or video evidence (mandatory).

8.2 Resolution Process

The opposing party has 48 hours to respond. If the parties cannot resolve the dispute themselves, either party may request “Platform Mediation” (Platform Arabuluculuğu). HuurAll’s mediation team will review the evidence and issue a decision within five (5) business days. Possible outcomes include: full refund, partial refund, deposit deduction, or claim rejection. Each party has one (1) right of appeal, which will be reviewed by a different administrator.

8.3 Damage Scenarios

The following damage scenarios apply: (a) If the Lender sent a damaged item not disclosed in the listing, the Renter may cancel the rental and return the item at the Lender’s expense for a full refund, or request a discount. (b) If the item was damaged during shipping, both parties must provide evidence; if carrier fault is established, both parties are refunded. (c) If the Renter damages the item during use, insurance coverage is applied and the Lender must file the claim. (d) If the item is damaged during return shipping, insurance claim procedures apply.

8.4 Liability Limits

HuurAll’s marketplace liability is limited to items with a declared value of up to €2,000. For items exceeding this value, manual approval by HuurAll administration is required before listing.

9. User Responsibilities

9.1 General Obligations

Users agree to: use the Platform in accordance with these Terms and applicable law, provide accurate and up-to-date information, keep login credentials confidential, not share other Users’ personal information with third parties, not use the Platform for any unlawful purpose, and not engage in fraud, money laundering, or identity misuse.

9.2 Lender Obligations

Lenders are responsible for: ensuring items are in the condition described, maintaining appropriate personal liability insurance, paying applicable taxes on rental income, responding to offers and messages in a timely manner, shipping items promptly and with adequate packaging, and complying with all applicable Dutch regulations.

9.3 Renter Obligations

Renters are responsible for: taking reasonable care of rented items, returning items in the same condition (allowing for normal wear and tear), confirming receipt promptly, not modifying or sub-renting items, reporting any damage immediately, and not using items for unlawful purposes.

9.4 User-Generated Content

Users warrant that they hold all necessary rights to any content uploaded to the Platform (including images, descriptions, and reviews). By uploading content, Users grant HuurAll a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and adapt such content for Platform operations and marketing purposes. This license survives removal of the listing.

10. Communication and Messaging

The Platform provides an in-platform messaging system for communication between Lenders and Renters. Personal contact information (phone numbers, email addresses) is automatically masked in messages to protect user privacy. Photo/image sharing within messages is supported for item verification purposes. Users must not use the messaging system for spam, harassment, or unsolicited marketing.

11. Account Termination

11.1 Termination by User

Users may close their account at any time through the Platform settings. Outstanding rental obligations and pending transactions must be completed before account closure.

11.2 Termination by HuurAll

HuurAll may, at its sole discretion and without prior notice, temporarily or permanently restrict, suspend, or terminate a User’s access to the Platform if the User: violates these Terms, engages in fraudulent or illegal activity, receives consistently low ratings (below 2.0 stars), fails to complete required identity verification, behaves in a threatening or abusive manner, circumvents the payment system, misuses the Platform for purposes contrary to its intended use, or harms HuurAll’s reputation. Upon termination, the User’s email address, username, and IP address may be blocked.

11.3 Consequences

Upon termination, any active listings are removed. Pending payments will be processed according to their current status. Users may request a review of a termination decision by contacting support@huurall.nl.

12. HuurAll’s Responsibility and Limitation of Liability

12.1 Platform Availability

HuurAll aims to make the Platform available 24 hours per day, 7 days per week. However, HuurAll is not liable for interruptions due to maintenance, system failures, or circumstances beyond its control.

12.2 Content Disclaimer

The Platform and its content are provided “as is”. HuurAll does not guarantee the accuracy, completeness, or reliability of User-generated content, including listing descriptions, photographs, or reviews. HuurAll does not verify the quality, safety, or legality of listed items.

12.3 Limitation of Liability

To the extent permitted by Dutch law, HuurAll’s aggregate liability for any claims arising from or in connection with the use of the Platform shall not exceed the total commission fees paid by the User in the twelve (12) months preceding the claim. This limitation does not apply to liability for death or personal injury caused by negligence (Article 6:162 BW), fraud (bedrog), or any liability that cannot be excluded under mandatory Dutch law.

13. Intellectual Property

All intellectual property rights in the Platform — including copyright, trademarks (including the HuurAll name and logo), design elements, software, and content — belong to HuurAll or its licensors. Users may not copy, modify, distribute, or reverse-engineer any part of the Platform without HuurAll’s prior written consent.

14. Right of Withdrawal (Herroepingsrecht)

Under Article 6:230o of the Dutch Civil Code and the European Consumer Rights Directive, consumers have a statutory right of withdrawal for distance contracts. However, pursuant to Article 6:230p(1)(c) BW, this right does not apply to services that have been fully performed with the consumer’s prior express consent, acknowledging that the right of withdrawal is lost upon full performance. By confirming a rental booking, you expressly request immediate performance of the service and acknowledge the loss of your withdrawal right upon confirmation. This exclusion does not affect any separate cancellation terms agreed between the Lender and Renter.

15. Legal and Compliance

15.1 Rental Agreement

Each confirmed rental automatically generates a digital rental agreement (kiralama sözleşmesi) between the Lender and Renter, which includes: the identities of both parties, item description, rental period and price, deposit amount, delivery method, insurance details, and cancellation conditions. Both parties receive a copy via email.

15.2 Applicable Law

These Terms and all agreements between HuurAll and Users are governed by Dutch law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the User is a consumer, mandatory consumer protection provisions of the User’s country of residence shall apply to the extent they provide greater protection.

15.3 Dispute Resolution

If a dispute arises, the parties shall first attempt to resolve it informally. If informal resolution fails, either party may refer the dispute to the Geschillencommissie (Dutch Dispute Resolution Board) or the competent court in Amsterdam, the Netherlands. Consumers may also access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.

15.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Cookies

HuurAll uses cookies and similar technologies in accordance with its Privacy Policy and the Dutch Telecommunicatiewet. A GDPR-compliant cookie consent banner is displayed to all Users. Users may manage their cookie preferences at any time through the Platform settings.

17. Contact Information

HuurAll B.V.

[Registered Address]

[City, Postal Code], the Netherlands

KvK: [Registration Number]

BTW-id: [VAT Number]

Email: support@huurall.nl

Website: www.huurall.nl

— End of Terms of Use —