General Terms and Conditions Users

GENERAL TERMS AND CONDITIONS USERS SLINGER B.V.

Effective date: 20 March 2023

Slinger BV has developed a Widget “Slinger” that can be placed by organizations for events, concerts, festivals, and sporting competition on their website. The Widget is intended to bring the drivers of cars who are going to a specific destination into contact with passengers traveling in the same direction, so they can travel together and share the associated costs. The present terms and conditions have as their purpose to arrange access to and the conditions for the use of the Widget.

Article 1. Definitions
In these Terms of Use, the following terms have the meaning below:
Slinger BV: the owner of the Widget, i.e.: the private limited liability company Slinger BV, established on Overtoom 323, 1054 JL Amsterdam, registered with the Chamber of Commerce under number 75366088.
Widget: the application “Slinger” developed by Slinger BV which can be integrated on a website as a component and which enables Users to offer Trips and to Reserve Seats.
User: the person who makes use of the Widget of Slinger BV.
Driver: the person offering a Trip via the Widget.
Passenger: the person who has accepted the offer of the Driver to transport him or, if this applies, the person in whose name a Seat was booked or who has sent an application to such effect via the Widget.
Trip: a short trip to a specific event, concert, festival, or sporting competition offered by the Driver via the Widget.
Seat: the spot booked by a Passenger in the vehicle of the Driver.
Match: an application for a Seat for a Trip by a Passenger approved by the Driver.
Services: all services offered via the Widget by Slinger BV.
Content: all messages, files, data, information, text, audio and video footage, and other (digital) material.
Use: included under “use” is any application of the Widget, also including, though not limited to, uploading, downloading, logging in, requesting, consulting, reading, viewing, listening, editing, filling out (of forms), sending, (temporarily) copying, saving, forwarding, distributing, making use of services, the offering of Trips, the reserving of a Seat, and the conducting of legal transactions (such as the conclusion of an agreement).
Parties: Slinger BV and User jointly, and each separately “Party”.
Terms of Use: the provisions from the underlying document.

2. Also included in “written” in these Terms of Use are communications by e-mail and digitally (e.g., via an on-line interface), provided the identity of the sender and the integrity of the content have been sufficiently established.

Article 2. Offering a Trip

Slinger allows Users to offer a Trip via the website on which the Widget is placed.
By offering a Trip on the Widget, the User declares to agree to the ‘Rules for Trips’.
After a User has offered a Trip on the Widget, the Trip is visible to all Users of the Widget who conduct a search in the Widget.
Other Users subsequently can reserve a Seat for the Trip of the Driver.

Article 3. Reserving a Seat

Slinger allows Users to reserve a Seat for a Trip of a specific Driver via a Widget. In the Widget, a search engine if provided in which Trips can be searched based on various search criteria (event, date, place of origin, destination).
When a Passenger reserves a Seat for a Trip, thereby only a request to the relevant Driver of the Trip is forwarded. An agreement between the Driver and the Passenger is not directly concluded. To such effect, the Driver must first approve the application of the Passenger.
By reserving a Seat via the Widget, the User declares to agree to the ‘Rules for Trips’.

Article 4. Match

At the moment that the Driver approves the request for the Seat, a Match comes about. The application of the Passenger is approved by the Driver manually, after which the Passenger receives a confirmation of the Match.
A Match means that the Driver and the Passenger have entered into an agreement with each other regarding the transport to the relevant event, concert, festival, or sporting competition and the conditions under which the Trip will take place, such as the departure time and boarding location, and the possible compensation that the Passenger will pay for this to the Driver.
At the moment of the approval of an application, Slinger BV shares the e-mail address of the Driver with the Passenger and vice versa. The Driver and Passenger re both responsible for the fulfilling of the obligations that flow for each of them from the agreement.

Article 5. Cancelling a Trip or Seat

Both the Driver and the Passenger have the option at any time to cancel a Trip or reservation of a Seat. In case the cancellation of a Seat occurs prior to departure, the Seat or Seas cancelled by the Passenger are automatically made available to other Passengers who can reserve those Seats on-line.
In case the Driver cancels the Trip via the Widget, the Passenger receives a message from Slinger via the e-mail address known to Slinger.
When the Passenger cancels the reservation of a Seat via the Widget, the Driver receives a message from Slinger via the e-mail address known to Slinger.

Article 6. Use of the Widget

For access to and the use of the Widget, the Users do not owe charges to Slinger BV.
The Widget allows Driver and Passenger to exchange messages. By using the Widget, the User declares to be solely responsible for the Content of the publication that the User forwards in or via the Widget.
The User therefore declares and guarantees that all information comprised by the Content is correct and faithful, and that the User intends to make the Trip under the conditions described in the Content.
The User is solely responsible for compliance with all laws, regulations, and obligations that apply to the use of the Widget by the User.
By using the Widget, the User declares he will:
1. not use the Widget for professional, business, or commercial purposes;
2. not send false, misleading, malevolent, or fraudulent information via the Widget;
3. not make any slanderous, offensive, obscene, pornographic, vulgar, hurtful, inappropriate, violent, threatening, irritating, racist, or xenophobic statements in messages, conversations, conduct, or Content, nor expressions with sexual connotations, expressions that incite to violence, discrimination, or hate, activities that encourage the use of illegal substances or that more generally are in conflict with the purposes of the Widget, that may impar the rights of Slinger BV or of a third party, or that violate common decency;
4. not impair the rights and the image of Slinger BV – and more specifically the intellectual property rights associated therewith – ;
5. not impersonate someone else;
6. not contact other Users, and more specifically via the Widget, for a different purpose than to establish the conditions for the Trip;
7. comply with the obligations of these Terms of Use.
If the User does not observe the provisions of these Terms of Use or the ‘Rules for offering a Trip’ or the ‘Rules for reserving a Seat’ or in case Slinger BV suspects abuse of the Widget by the User, Slinger BV has the right to deny the User (further) access to the Widget and to remove all information and data related to the Trips offered by the User, as well as reserved Seas, from the Widget, without thereby owing the User any compensation of damages.

Article 7. Intellectual property

Depending on the content provided by users, Slinger is the sole holder of all intellectual property rights regarding the Widget and the Content thereof, including texts, images, designs, logos, videos, sounds, data, and graphics, and the software and the databases that guarantee the functioning thereof.
Slinger BV grants the User a non-exclusive, personal, and non-transferable right to use the Widget for personal and private purposes on a non-commercial basis and in accordance with the purposes of the Widget and Slinger.
It is prohibited to use or exploit the Widget and the Services and their content in any other manner without Slinger having granted their written consent for this in advance. It is prohibited, for example, to:
1. reproduce, modify, divide, represent and distribute in public the Widget and the Content, with the exception of what is expressly permitted by Slinger BV;
2. dissect the Widget and apply reverse engineering to it;
3. extract or try to extract a substantial part of the data of the Widget, for example by using data mining robots or other comparable collection tools.

Article 8. Liability

Slinger BV provides a Widget through which offer and demand are linked. Slinger BV has as their objective the proper functioning and availability of the Widget, but does not offer any guarantees to such effect. Slinger BV just offers assistance for the adoption of agreements between Drivers and Passengers. Slinger BV, however, is not a party to an agreement concluded between the Driver and a Passenger (Match). Slinger BV is not liable either for the implementations thereof or for the falling short therein by the Driver or Passenger. To the extent legally permitted, Slinger BV excludes their liability for all damage incurred by a User through or in relation to:
1. the use of the Widget and the services of Slinger BV;
2. the entry into agreements with other Users via the Widget;
3. damage or injury as a result of an accident during a Trip;
4. damage incurred by the Driver as a consequence of the conduct of, the creation of hazards by, or non-compliance with arrangements made by the Passenger;
5. damage incurred by the Passenger as a consequence of the conduct of, the creation of hazards by, or non-compliance with arrangements made by the Driver;
6. the unavailability of the Widget or of parts thereof;
7. incorrect information or data on the Widget;
8. changes to the Widget of Slinger BV or to services offered thereon or changes in or on the Website.
Were Slinger BV nevertheless for any reason whatsoever to be liable, the liability of Slinger BV is limited to the compensation of the direct damage up to the amount that is disbursed in such case as may occur by the insurer.
The limitations of liability for direct damage stipulated in these Terms of Use do not apply if the damage is attributable to wilful intent or gross fault on the part of Slinger BV.

Article 9. Functioning, availability, and functionalities of the Widget

The Widget is offered as is. It is permitted to Slinger BV to change the functioning, the content, and scope of the Widget at any time they wish and at own discretion, and to the extent Slinger BV deems such necessary. Slinger BV does not require the prior permission of the User for this. Slinger BV is furthermore at liberty to close off the Widget or a part thereof for use or to render it inaccessible otherwise.
Slinger BV will exert themselves to offer the Widget 24 hours a day and seven days a week without interruption but does not offer any guarantees in that regard. It is possible, nevertheless, that access to the Widget without prior notice is temporarily suspended for technical maintenance, migration or update operations, or malfunctions or restrictions that are related to the functioning of the network.
Slinger furthermore reserves itself the right at own discretion to alter or suspend access to the Widget or its functionalities completely or in part and temporarily or permanently.

Article 10. Modification of the Terms of Use

Slinger BV reserves itself the right to modify these Terms of Use at any time. The modified Terms of Use enter into effect at the effective time announced and also apply with respect to existing relationships between Slinger BV and User. If no effective time has been announced, modifications enter into effect vis-a-vis the User as soon as the modified Terms of Use have been published on-line.

Article 11. Complaints regarding the Widget

Complaints about the functioning or content of the Widget can be sent in writing by e-mail to Slinger BV at: [email protected].
The assessment of any possible complaints regarding the functioning or content of the Widget is made by Slinger BV. Such complaints must be reported as soon as possible and no later than 7 days after the identification thereof to Slinger BV. If the complaint is legitimate and can be resolved, Slinger BV will try to resolve it as well as possible. Slinger BV will thereby exert itself to process the complaint within a reasonable term.

Article 12. Complaints between Users

Complaints regarding the manner of implementation of an agreement by a User must be sent by the User directly to the relevant User. Slinger BV is not a party to the agreement between Driver and a Passenger and for this reason will not settle disputes between Users. If Users do not jointly reach a solution for the dispute, the injured party will have to take recourse to the competent court of law, in order to have the matter settled.

Article 13. Applicable law, interpretation of the conditions, and choice of court

All legal relationships between Slinger BV and the User are exclusively subject to Netherlands Law.
In case of the interpretation of the content and tenor of these Terms of Use as well as in case of conflict between the content or interpretation of any possible translations of the underlying Terms of Use and the Dutch version, the Dutch text thereof is always decisive.
All disputes – including those that are only considered such by one of the parties – that arise in connection with a legal relationship that the underlying Terms of Use are applicable to in their entirety or partially, will be settled by the competent court in the district where Slinger BV is established, unless a provision of mandatory law determines otherwise. This leaves unaffected the fact that Slinger BV can establish with the User to have the dispute settled by way of independent arbitration.

Rules for trips

For the offering, reserving, carrying out of and the participation in Trips via the Widget, both for the Driver and the Passenger certain conditions apply. By offering, reserving, carrying out or participating in a Trip, the Driver and the Passenger declare they will observe the rules set forth below.

Rules for Drivers

A Driver may only offer a Trip if the Driver meets all conditions listed below:

The Driver is in possession of a valid driving license;
The Driver only offers a Trip for vehicles the Driver is the owner of himself or that the Driver may use with the express permission of the owner;
The Driver is and remains the main driver of the vehicle with which the Trip is carried out;
A valid liability insurance was taken out for the vehicle;
No medical contraindications apply for the Driver and the Driver has not been declared incompetent to drive the vehicle for medical reasons either;
The Driver does not offer more Seats than the number of Seats available in your vehicle;
All Seats that are offered are equipped with a safety belt – even if the vehicle has been approved with Seats without a safety belt;
The Driver makes use of a vehicle that is in proper condition and that meets the applicably legal regulations and customs, in particular as regards a valid APK inspection report;
The Driver is a consumer and does not act in the capacity of a professional.

The Driver furthermore promises upon carrying out the Trip:

to observe all laws, the traffic code, regulations, and guidelines that apply to the driving of the vehicle;
that the Passengers are considered third parties in the vehicle and as a result are covered by the insurance;
not to take any risks while driving and not to take any products that may impair the focus and the capacity of the Driver to operate the vehicle in an attentive and safe manner;
to only offer Trips that have effectively been planned;
to make the Trip as described in the Widget and as discussed with the Passenger (and more specifically as to the use of the highway or not) and to respect the timing and places that were established with the Passengers (and more specifically regarding the meeting place and the drop-off spot);
not to take more Passengers on the ride than the number of Seats with safety belts in the vehicle;
to immediately inform Passengers of a possible delay or change of timing for the Trip;
to wait for the Passengers for at least 15 minutes after the established hour;
not to demand a higher compensation for the Trip of the Passenger than was established, or – in case of circumstances due to which a Trip has to be changed – than is reasonable in proportion to the costs incurred;
to behave in an appropriate, respectful, and responsible manner during the Trip.

Rules for Passengers

In case the Passenger makes use of a Trip offered via the Widget, the Passenger promises to:

behave in an appropriate, respectful, and responsible manner during the Trip, so that the concentration or the driving conduct of the Driver or the peace of the other Passengers is not disturbed;
respect the vehicle and the tidiness of the vehicle of the Driver;
immediately inform the Driver if the Passenger will not be at the place of the appointment on time;
wait at the place of the appointment for the Driver for at least 15 minutes after the established hour;
not to take along any items, goods, products, or animals on a carpool trip that may disturb the driving conduct and the concentration of the Driver, or the nature, the possession, or the transport of which violates the effective legal regulations;
pay the established compensation for the Trip to the Driver.

If the Passenger has made a reservation for one or more Seats in name of third parties, the Passenger guarantees that such third parties will observe the provisions of these Rules for Passengers.