Terms of Service
This version of the Terms and Conditions becomes effective on 05/01/2022
Name of the App and website: Dudelo (dudelo.com)
Website and App publisher and operator:
Jobdog, s.r.o.
VAT ID: CZ 08123837
Address: Horni 254, Hradec Kralove, 500 02, Czech Republic
Legal representative and contact person: Jan Hanuš, [email protected]
These Terms and Conditions (“TnC”) govern the use of the Dudelo services (“Services”) as provided by Dudelo to the customer organization or company hereby taking Dudelo Services to use (“Customer”).
Introduction
Dudelo provides an online peer to peer platform for gear rental, guiding and training services between Providers (offering the gear rental and services) and Seekers (booking and using these services). For the purposes of this document, any user of the Platform without distinction is referred to as a User. Dudelo also offers other type of paid services provided by third parties (e.g. insurance). Dudelo can be accessed on both desktop and mobile devices for providers and on via mobile App for seekers. By accessing or using the services, you agree to comply with, and be legally bound by, the provisions of these Terms of Service.
Updates
Dudelo reserves the right to modify our Terms of Service at any time. If we modify these terms, we will post the new version on this page together with the effective date of change set out at the head of this document. If the new version of Terms is not acceptable to you, you must remove your listings and stop using and accessing Services.
Section 1 - General Terms
Eligibility
Dudelo Services are intended solely for persons who are 18 years of age or older. Any use of the services by anyone under 18 is prohibited. Services for under 18s (e.g. kids sports babysitting) must be booked, paid for and supervised by someone over 18 years of age.
General User Obligations
Provider is obliged to:
Provide accurate and current information regarding the items and services the Provider intends to offer through the Dudelo Platform, as well as information regarding the legal form, administration or origin of payments and other similar circumstances (and changes thereto) necessary to implement and maintain the Know Your Customer (KYC) identification and verification process required by payment industry regulations. Providers offering Services for kids (e.g. kids sport-babysitting or kids trainings) are also required to provide additional proof of identity and proof of licence where required for the relevant sports.
Listings
When listing items or services on Dudelo website you agree not to:
- Use our Services if you are not able to form legally binding contracts (e.g. if you are under 18 years old).
- Post false, inaccurate, misleading, deceptive, defamatory, or libelous content.
- Post external links to additional items or attempt to direct users away from Dudelo's website.
- Disclose any personal contact information outside the designated area of your personal profile
If we believe you are violating our policy and attempting to rent items outside of the Dudelo App, we will restrict your listings and/or suspend your account. If you are a Provider and you offer your contact information prior to final confirmation of a booking or a Seeker asking the Provider for their contact information in connection with renting outside of the Dudelo App, you may be required to pay the final rental fee applicable to the item, even if the item is not rented.
Registration and Profile
The contractual relationship between Dudelo and the Probvider is established by completing the registration of the Provider within the Mobile application or Desktop onboarding platform (dudelo.com).
It is mandatory for the Provider to provide these profile data: name, surname, ID and VAT ID (if applicable), address, contact details including phone number, bank account number, password, profile photo.
The User will be notified of successful registration and conclusion of the Service Agreement without undue delay via the e-mail address provided at the time of registration.
A User Account is automatically created for a User upon successful completion of registration. The account includes a User profile containing information about the User (hereinafter referred to as the "Profile"). Unless otherwise stated in the Terms and Conditions, the User Profiles and the information contained therein are accessible to registered Users and the Operator.
The User is entitled to use only his/her own Account. To access the Account, you must enter
the login details provided by the User during registration. The User is obliged to provide his/her login data. The User shall prevent any third party from unauthorised access
to his/her access data. The User shall be liable for any damage caused by insufficient
protection of his/her login data. In case of suspected disclosure of access data
or misuse of the access data, it is in the User's own interest to provide his/her access data as soon as possible change.
Dudelo is not liable for damage resulting from unauthorized access to the Account as a result of the User's failure to comply with the User's obligations under these Terms and Conditions.
As a Seeker you can observe and explore the offers without registration, but you have to register in case you want to book any service.
The User is entitled to cancel his Account at any time.
All Users may use the Service as both Seekers and Providers.
Verification
When you sign up to either list or book equipment, you will provide us current and valid information about the equipment including the title, the description, available days and times, rates, and when you are attempting to book the equipment. This information will need to be Approved before it can be published or booked.
Your commitment
As a User you agree that you will always use your account and the Services in compliance with the Terms, applicable law, and any other policies and standards provided to you by Dudelo. As a Provider, you commit that you will provide safe equipment, in good condition. You also commit to being on time to deliver the equipment to the Seeker, at the agreed location and time. As a Seeker, you commit that you will take care of the equipment, free of damages. You also commit that you will return the equipment on time, in the same condition that you received it.
Dudelo rights
We reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Commission
Dudelo charges commission to Providers depending on the volume and quality of cooperation. The basic commission (Level 1) is 15%. Level 2 providers are charged 13% and Level 3 providers 10%. Precise definition of the criteria for each level are published in the App and can be changed from time to time, always after prior push notification to the community of Providers.
We also charge an additional commission percentage depending on the frequency of financial settlement. As a standard, we settle and send the rental money to the Provider once a month. In the case of weekly sending, we charge 1% extra commission, in the case of sending immediately after the transaction, we charge an additional 3%. During the pilot period (from 1 May 2022 to 31 August 2022), only the monthly settlement option applies.
Collection of Fees
When you provide Dudelo with a payment method, you authorize Dudelo or third party (primarily stripe.com) partners acting on Dudelo’s behalf, to store your payment credential for future use in the event you owe Dudelo any money. You authorize Dudelo to use stored payment credentials for balances including but not limited to, equipment costs, payments, fines and fees, and claims costs.
Payment procedure and details
Upon ordering the service and confirmation of the order by the Provider, the amount will be blocked in the Seeker‘s bank account. The Seeker has the option to cancel the order free of charge for 48 hours after the order has been placed. After this time, the amount will be withdrawn to the Dudelo platform bank account. The amount, less commission and insurance, is sent to the Provider (based on chosen settlement frequency) only after the transaction has been correctly completed and confirmed by both parties in the App.
Cancellation policy
The Seeker is entitled to free cancellation for 48 hours from the confirmation of the order. Cancellations cannot be made after this time. In case of any unexpected life event occurring at least ten days prior to the commencement of the rental of the equipment or service (but more than 48 hours after the confirmation of the order) that prevents the use of the service, the Seeker has the option of sending this information to [email protected] and Dudelo will make every effort to arrange cancellation with the service or equipment Provider. However, such a move does not create an obligation for any compensation from Dudelo.
Service and App updates
The Service (including the App) may be updated from time to time and may add
new features. This is done automatically and these Terms and Conditions also apply to
updated Service. The User is not entitled to reject the changes as the Service is
provided "as is". However, the User is free to discontinue use of the Service at any time.
Other provisions
These Terms and Conditions as well as all legal relations arising on the basis of these Terms and Conditions shall be governed by the laws of the Czech Republic.
Section 2 - Specific terms for SEEKERS:
Fees
You pay for the rental of items from selected providers, the use of their services and any compulsory insurance. Once you have booked the service and the Provider has confirmed the booking, we will block the relevant amount on your account. You have the right to cancel your booking within 48 hours of making the booking. We will then transfer the payment to Dudelo's account and it will remain there until the entire transaction is successful and both parties confirm that everything has gone as planned and agreed. Only then will we release the amount (less insurance and Dudelo's commission) into the provider's bank account..
Use of equipment
When you book equipment from a Provider, you must only use the equipment for personal use, unless you have express written permission. You may not use equipment until the beginning of your reservation, and you must return the equipment on time and at the agreed upon location. You must take care of equipment properly. You are required to use the equipment in a safe manner, in compliance with all applicable laws. If at any time, Dudelo has any concern about your use of the equipment, Dudelo may terminate your reservation at any time and require the equipment to be returned. You will be fully financially responsible for any claims, loss, or damage related to your misuse of the equipment.
Condition of equipment
You understand that Providers own the equipment offered through the Services. Each owner is responsible for complying with all legal requirements and maintain their equipment in safe condition. Please complete a visual inspection before you begin your use of the equipment. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for those pre-existing damages. If there is pre-existing damage that you fail to report at the start of your reservation, Dudelo or third party claims adjusters may assume that the damage occurred during the reservation period. If after your initial inspection, you believe that the equipment is not safe to use, please do not use the equipment. In that event, please contact the Dudelo team immediately.
Incident reporting
In the event of any damage or loss of equipment, injury or damage on another’s property you must report the incident immediately to Dudelo at [email protected]. You may be held fully financially liable for any damages incurred during the booking process. For these situations, Dudelo offers an insurance policy and travel insurance available as part of every transaction and booking.
Missing equipment
If equipment that you have booked through Dudelo goes missing and/or is stolen during the reservation period, you must immediately file a police report and fully cooperate with the Provider, law enforcement, Dudelo, and other authorities in all matters related to the investigation. You may also be fully financially liable for any lost or stolen equipment that takes place during the reservation.
Equipment Damage
If damage is reported from your rental period, you will be notified by the Dudelo team and required to provide any pictures to dispute the claim no later than 48-hours following the notice.
We remind you to take and upload the picture of the gear right before and right after the rental.
Insurance
To prevent situations related to damage, theft of equipment or injury, the App incorporates transaction insurance. The insurance is provided by AXA and covers the payment defined in the Insurance Terms and Conditions, which the user receives within 24 hours after the order is placed.
In some equipment offers, insurance is a mandatory part of the contract. The obligation is decided by the provider's choice, which is explicitly stated within the offer of the specific rental item and the price of the insurance is transparently stated as part of the order calculation.
No Show for Booking
You agree to show up at the time and location agreed upon in the booking. In the event that you do not show up at the time and location agreed upon in the booking, you will still be charged the full amount. It is your responsibility to be present at the time and location agreed upon. Both parties are to be given a fifteen minute grace period to show up at time and location agreed upon. Should the Provider not be present after the fifteen minute grace period, notify Dudelo immediately using the Contact Us page or write an email to [email protected].
Section 3 - Specific terms for PROVIDERS:
Information given for registration
When you sign up for Dudelo, you will become a Provider and you can list your equipment or time-limited services to be rented/provided. You will determine which equipment you want to rent and complete the listing, which includes a picture of the equipment, a title, and information about the equipment and related sport. If you offer services like guiding or training, you are asked to describe the level of your experience and licence details if required.
Gear availability
As a Provider, when you are listing the equipment that you would like to rent, you must update the equipment availability for each day of the week. If there is a change in any equipment listing availability, you are responsible for updating that information on that listing. Once a listing is booked, you must deliver the equipment as expected, at the location and time agreed upon in the booking request.
Fees
You will have the ability to set and modify the equipment listing’s pricing as you choose. You will set the price for your equipment for a 4 hour period, 8 hour period, and full day. Dudelo will pay you the amount collected from those who book your equipment, less the Applicable fees deducted by Dudelo.
Maintenance
You are required to regularly check your equipment for any defects in its operations and safety. You promise that, at all times, your equipment will be in safe, usable condition. If Dudelo believes that your equipment does not conform to reasonable standards, Dudelo may notify you and reserves the right to remove or decline listing your equipment until its concerns have been resolved.
Incident reporting
If you believe that a renter has caused any damage to your equipment, you are required to report that damage within 24 hours of the end of the reservation, and to provide reasonable cooperation in the investigation of the damage. Based on the investigation, Dudelo or third party claims administrators will reasonably determine whether or not the damage occurred during the reservation period. If Dudelo is not given prompt notice, or if you do not provide reasonable cooperation in the investigation by Dudelo or third party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
Missing equipment
If your equipment goes missing, is not returned, or is stolen during the reservation period, you must immediately contact Dudelo and follow their instructions, including cooperating with Dudelo, the police, and any other authorities in all related investigation of the theft. If you are instructed by Dudelo to file a police report, you must do so within 24 hours of receiving those instructions
Equipment Damage
As a Provider, you will be required to report any damage to your equipment within 24-hours of the rental period, using the Contact Us page or email [email protected]. Any photos of damage to equipment must also be timestamped within the 24-hour period. We strongly recommend to také and upload a picture of the gear right before and right after the transaction to avoid any potential doubts regarding the condition of gear.
Insurance
To prevent situations related to damage or theft of equipment, the App incorporates transaction insurance. The insurance is provided by AXA and covers the payment defined in the Insurance Terms and Conditions, which the User receives within 24 hours after the order is placed. The price is set at 5,9 EUR/day regardless of the item.
Insurance is mainly used to cover the risk of theft or damage to the rented item, so we strongly recommend that the Provider chooses compulsory insurance for more expensive items. This option is available for each listed item and it is at the Provider‘s discretion whether to make it a mandatory part of the rental. When entering the price for a listed item, it is shown in a transparent way how much more expensive the option of compulsory insurance will make the transaction. The insurance is paid by the Seeker.
No Show for Booking
You agree to show up at the time and location agreed upon in the booking. In the event that you do not show up at the time and location agreed upon in the booking, your next payout will be deducted 10.00 EUR. Both parties have a fifteen minute grace period to show up at time and location agreed upon. Should the Seeker not be present after the fifteen minute grace period, notify Dudelo immediately using the Contact Us page or email [email protected].
Rating
After the transaction is completed, the Seeker is prompted to rate the Provider, which is a mandatory step to complete the transaction successfully. By doing so, you help us to improve the services of Dudelo platform.
