NABOGO is a platform designed to assist ordinary families in Denmark with their transportation needs. The platform was created in collaboration with Vejle Municipality and the EU mobility project MAMBA (read more here). Read more about the platform under How it works and about our business terms and data policy below.
NABOGO ApS platforms (valid as of 1 August 2019)
1 General information about these terms
- NABOGO ApS, CVR No. 39404060, Brisevej 12, DK-7120 Vejle Ø (Hereinafter referred to as ”NABOGO”) operates the NABOGO app and associated trailer sharing, neighbour-to-neighbour freight service and car sharing (both the website com and app for IOS and Google Play). These business terms regulate the legal relationship between NABOGO and the User, while the legal relationship between Users is regulated by ”Terms for trailer rental; Terms for neighbour-to-neighbour freight service and; Terms for car sharing”.
- A member of the NABOGO platform is a User who has created a profile giving access to all the platform services. A member is hereinafter referred to as a ”User”. A User who creates an advertisement for trailer rental is referred to as a ”Lessor”. A User who rents a trailer is referred to as a “Lessee”. A User who receives a freight service is referred to as a “Freight recipient” and a User providing a freight service is referred to as a “Freight provider”. A User who receives a lift is referred to as a “Lift recipient” and a User providing a lift is referred to as a “Lift provider”.
- The business terms for NABOGO ApS regulate all agreements between NABOGO and the User unless NABOGO and the User conclude an alternative agreement directly and in writing.
2.1 Only Users (via creating a membership) can use the services of the NABOGO app and website.
2.1 It is a condition for any membership that users have attained the age of 18 when creating a profile. If NABOGO ApS becomes aware of Users who are not aged 18, their profile will be deleted without notice. NABOGO ApS is in no way liable for whether the User has attained the age of 18 when creating a profile.
2.2 Membership of NABOGO will be established via the entering of member information (name, address, telephone number, email address and profile picture) in the NABOGO app/website User creation section. During the same process, the User will be asked to accept the conditions and business terms for NABOGO.
2.3 In connection with registering, the member will receive a confirmation via the email address provided. When registering, the member is automatically signed up for the NABOGO newsletter which will be sent to the email address provided.
2.4 NABOGO is entitled to reject or terminate any membership without notice or consent. Any member can terminate their membership without notice under the menu “My account”, to the effect that NABOGO automatically deletes all personal and personally identifiable data one month after termination of the membership. This does not apply, however, to personal data used for invoicing. These data are stored for 5 years in accordance with accounting legislation.
2.5 After each rental, the members will evaluate each other with the purpose of assessing whether the Users wish to enter into a future agreement.
2.6 For users in Holland, it is required to have a liability insurance (W.A. verzekering) to use nabogo’s app as a driver and offer trips via the app. The responsibility for living up to this condition rests solely on the driver.
3 The contact platform
3.1 Members only acquire access to NABOGO’s contact platform (app/web). The platform contains such factual information that will enable members to enter into binding agreements regarding trailer rental, cf. Terms for trailer rental; for freight service, cf. Terms for neighbour-to-neighbour freight service; and for car sharing, cf. Terms for car sharing.
4 Payment and pricing policy
4.1 Members must adhere to the NABOGO “Pricing guidelines” in force at all times. Users cannot/may not agree alternative prices (applies to trailer rental and car sharing). The pricing guidelines will always be available under the point “Conditions for use of NABOGO” at www.nabogo.com.
4.2 The contact platform contains an online payment module through which all payments must be made and which allows for credit card payment.
4.3 If the rental cannot be executed (for example in case of damage to the trailer or other type of cancellation of freight or car sharing) and provided that the rental period/freight period/car sharing time has not already started/been exceed, the agreement is void without payment being required. This also applies if the Lessee cancels the rental more than 5 hours prior to the starting time. Notification regarding annulment of the agreement or cancellation of the rental must take place via the contact platform or via email after which a push message is automatically sent to the Users.
4.5 NABOGO charges a service fee for trailer rental and for freight service for making the contact platform available and the service fee will be charged as a percentage of the price of the individual rental. The service fee is 10% of the transaction total. NABOGO also charges an insurance fee for trailer rental to cover insurance costs and the insurance fee is charged as a percentage of the price of the individual rental. The service fee and insurance fee is automatically deducted from the Lessee’s payment.
5.1 Direct or hidden advertising and any other form of advertising is not permitted on the NABOGO platforms.
6 Member obligations
6.1 Members guarantee that the data provided are accurate and that the disclosure of data is not in breach of legislation or third party rights.
6.2 Members guarantee that the use does not affect NABOGO with immoral or criminal content nor that the use results in viruses, programs or other software which can cause damage to NABOGO or other members.
6.3 Members guarantee that they will not use data for any other purpose than NABOGO’s facilitation of trailer rental/freight service or car sharing.
6.4 Members guarantee that they will use the contact platform in accordance with these business terms. If NABOGO suspects abuse, NABOGO will be able to analyse member correspondence via the platform.
7 NABOGO disclaimer
7.1 NABOGO only acts as a facilitator offering a contact platform and NABOGO assumes no liability in excess of this facilitation. NABOGO is not liable for any damage occurring during rental/freight or car sharing just as NABOGO is not liable for any unrealised rental/freight income or car sharing income.
7.2 Planning, execution and liability for the rental/freight service/car sharing depends entirely on the agreement between the Users.
7.3 NABOGO’s service is complete when the Users have entered into an agreement via NABOGO’s app/website, and payment shall be completed when the amount has been transferred from NABOGO to the lessor/freight provider/lift provider (may take up to 6 business days).
7.4. NABOGO is not liable for the accessibility of the contact platform, any faults or functionality, including viruses, technical errors and service interruptions.
7.5 NABOGO is not liable for financial losses, loss of assets and consequential damage.
7.6 NABOGO is not liable for text, information or links posted by members.
8 Data protection
8.1. The following personal data shall be entered in order to register a member on the NABOGO app/website: Full name, address, telephone number, email address and driving license number for trailer rental, picture of car for lift provider. The Users shall also upload a photograph for the profile page.
8.2. The purpose of the personal data entered is: Creation of membership, invoicing the member, identification in relation to driving license number and the possibility of sending newsletters and other marketing information. The profile image is also intended to create a safe environment for platform activities.
8.3 The Members’ full name and address will only be visible to other Members when an agreement has been entered into. It shall apply to trailer rental that the lessee’s driving license number will be available to the lessor when a rental request has been approved by the lessor. The reason is that the Lessor is responsible for identifying the Lessee before handing over the trailer and the information will be necessary for the Lessor in case of a subsequent insurance case. This does not, however, apply to bank details and the like which will be treated confidentially in all matters.
8.4 NABOGO will, as far as possible, take every necessary precaution to ensure that member data is not made available to other members to an extent greater than necessary as a result of the business concept. Members accept that the data is used for internal, statistical and anonymous assessment purposes.
8.5 A member can edit or delete their member information at any time under the menu “My account”.
8.6 NABOGO collects data regarding user trips in the form of start and end times and date, time and length of the trips in question. NABOGO collects this information with a view to pricing the individual trips (fixed prices per kilometre determined by NABOGO) and in order to be able to document Users’ activities in case of disputes or doubt about pricing. NABOGO also uses data for continuous optimisation of the location of stops.
8.7 NABOGO additionally uses data for the automatic creation of a scoreboard to show who are the most active car sharers at the municipality and organisational levels. The data visible in the Scoreboard are only based on kilometres, car shared by the individual User and therefore does not contain information about locations or times or persons with whom cars were shared.
8.8 NABOGO undertakes to anonymise data after a period of two years from the activity taking place.
8.9 As a data subject, the member is also entitled to know which personal data NABOGO holds at any time. The right to be informed can be exercised by contacting NABOGO directly.
8.10 Registering for membership entails giving consent to the processing of personal data as described above.
9 Changes to “Business terms”
9.1 NABOGO reserves the right to change these business terms. If the business terms are changed, the Users will be notified via email, and the changes will also be published at www.nabogo.com.
10 Partial invalidity, choice of law and venue
10.1 If one or more clauses of these business terms become illegal, invalid or unenforceable, this shall not affect or reduce the validity legality or enforceability of any of the remaining clauses.
10.2 Any dispute between NABOGO and the Users shall be settled in accordance with Danish law with the Kolding District Court as the venue.
Terms for car sharing
(Valid as of 1 August 2019)
1 General information about these terms
1.1 NABOGO, CVR No. 39404060, Brisevej 12, DK-7120 Vejle Ø (Hereinafter referred to as ”NABOGO”) operates the website/domain ”www.nabogo.com” and the sharing platform made available via the NABOGO app. The below “Terms for car sharing” regulate the legal relationship between the Lift recipient and the Lift provider while the legal relationship between NABOGO and the Lift recipien/Lift provider is regulated by “Business terms for NABOGO”.
1.2 A member creating an advertisement for a Lift requirement or who receives a lift is referred to as a “Lift recipient”. A member providing a lift is referred to as a “Lift provider”.
1.3 ”Terms for car sharing” regulates all agreements regarding car sharing entered into via the “NABOGO app” unless the Lift recipient and the Lift provider directly and in writing enter into an alternative agreement and unless this written agreement does not contravene these terms.
2.1 Car sharing activities are not covered by insurance via the NABOGO platform (App/Web). The reason for this is that both parties are expected to be already covered by their own insurance.
3.1 All payments between the Lift recipient and the Lift provider must take place via the online payment module in the NABOGO app. The payment module function is such that the agreed amount, including administration fee, is reserved on the Lift recipient’s debit or credit card when the Lift recipient and Lift provider have entered a freight service agreement.
3.2 The Lift recipient and Lift provider can annul the agreement without charge before the starting time.
4 The agreement between Lift recipient and Lift provider
4.1 In connection with entering into the agreement, the Lift provider must ensure:
- that the vehicle is legal;
- that the agreed details relating to locations and times are adhered to as far as possible.
4.2 In connection with entering into the agreement, the Lift recipient must ensure:
- that the agreed details relating to locations and times are adhered to as far as possible.
4.3 The pricing of a lift is determined by NABOGO based on a level which can be seen as only covering part of the costs of a trip. This means that all trips arranged via NABOGO can be defined as car sharing.
4.4 Any tax obligations, including reporting as a consequence of membership, is of no concern to NABOGO and it is not possible to raise any claims against NABOGO as a result of any obligations related to tax or other levies raised against any member.
5 Right of cancellation
5.1 The Lift recipient and Lift provider do not enjoy a right of cancellation, since the agreement between the Lift recipient and the Lift provider is not covered by right of cancellation as defined in the Consumer Agreement Act. The car sharing agreement can, however, be annulled by both Lift recipient and Lift provider before the starting time of the agreement and up to the actual agreed starting time.
6 NABOGO disclaimer
6.1 NABOGO is not liable for the agreement between the Lift recipient and the Lift provider, and this includes the entering into and the fulfilment of the agreement.
6.2 NABOGO is not liable for any tax or VAT consequences of the Lift agreement and NABOGO assumes no obligations or liability in connection with the same.
7 Changes to “Terms for car sharing”
7.1 NABOGO reserves the right to change these terms. If the terms are changed, the Users will be notified via email, and the changes will also be published at www.nabogo.com.
8 Partial invalidity, choice of law and venue
8.1 If one or more clauses of these terms become illegal, invalid or unenforceable, this shall not affect or reduce the validity legality or enforceability of any of the remaining clauses.
8.2 Any dispute between the Lift recipient and the Lift provider shall be settled in accordance with Danish law with the Kolding District Court as the venue.