Terms and Conditions

These terms and conditions (hereinafter “Terms of Use”) regulate access to and use of the nabogo application and the website “www.nabogo.com” as well as the content and the functionality which are made available in connection therewith (hereinafter “nabogo” or “the app”).

By accessing and making use of nabogo, the user agrees to be bound by these Terms of Use and the Privacy Policy, cf. point 15, which establishes the contractual relationship between the user and NG. It is hereby also a condition for any and all use of nabogo that the user agrees to be bound by the Terms of Use and the Privacy Policy, cf. point 15.

1. Purpose

The purpose of the nabogo platform is to facilitate carpooling agreements between users in areas where Nabogo ApS (hereinafter “NG”) and NG’s partners conclude agreements for this. Primary focus is to facilitate local carpooling for shorter everyday journeys, e.g. to and from work or college/university. The platform has been developed in collaboration with Vejle Municipality and the EU mobility project MAMBA (read more here).

2. Company information

2.1. Nabogo ApS, CVR-39404060, Lysholt Allé 8, 7100 Vejle, Denmark, anders@nabogo.com, +4571792244.

3. General information about these Terms of Use

3.1. These Terms of Use will be in force from 27th June 2022.

3.2. The Terms of Use apply to users (hereinafter “User”) who have created a profile which gives access to nabogo via apps available on iOS, Android or the web.

3.3. The intermediation platform (nabogo) enables users to enter into a binding carpooling agreement; cf. these Terms of Use. A User who offers a lift is called a “Lift Provider”. A User who takes a lift as a passenger is called a “Lift Taker”.

3.4. Unless otherwise agreed directly and in writing between NG and the User, these Terms of Use govern the legal relationship between NG and the User and the legal relationship between individual Users. See in particular point 11.

4. Conditions for the creation of a user profile

4.1. It is a condition for the use of NG that any User who creates a profile is 16 years of age or over. Should NG discover that a User is under 16 years of age, their user profile will be deleted. NG cannot otherwise be held responsible for whether or not the User is 16 years of age or older.

4.2. The User guarantees that the data they have provided are correct, and that the provision of such data does not violate any applicable laws or third-party rights.

4.3. The user guarantees that the profile they have created is personal and not used by anyone other than themselves. NG shall not be liable for any loss due to unauthorized use of the username and password, with or without the knowledge of the User.

4.4. The User guarantees that use shall not inflict any indecent or criminal content upon NG, including the upload of computer viruses, programmes or other software onto the platform.

4.5. The User guarantees that they will not make use of data acquired via NG’s platforms or services for purposes other than those necessary in order to use NG for carpooling; cf. the description of purpose in point 1.

4.6. Upon registration, the User will receive confirmation that their user account has been created which will be sent to the email address provided.

4.7. By creating an account, the User agrees to receive service messages in compliance with the Danish Marketing Practices Act.

4.8. For support or troubleshooting on the platform, NG may need to access the User’s account on the platform. The User’s password is encrypted and in such cases, this will be performed without NG or NG’s employees or partners having the possibility to learn the User’s password.

4.9. The User guarantees that they will use the platform in accordance with the Terms of Use.

4.10. Users of NG’s platform may not use the platform for either direct or surreptitious advertising or for any other form of marketing.

4.11. The User guarantees that they use the platform as a private individual and not for any commercial purposes.

4.12. NG shall be entitled to reject or to delete any User without notice. The consequence of deletion is that the User in question will no longer be able to use nabogo and that the User’s data will be deleted in accordance with NG’s internal guidelines.

5. Conditions for use of the platform’s functionality

5.1. The User is obligated to use the platform in accordance with the description of purpose set out in point 1.

5.2. The User is responsible for the reporting and filing of any information, financial or otherwise, to the relevant authorities as required by applicable legislation.

5.3. If a request for a lift is still unanswered at the estimated arrival time, the request will be rejected automatically.

5.4. If the User, in their capacity as a Lift Taker or Lift Provider, cannot or does not intend to fulfill the agreement, the User is obligated to cancel the agreement using the app as soon as this becomes clear.

5.5. The lift agreement can be canceled by the Lift Taker or the Lift Provider up until the estimated arrival time.

5.6. After each completed lift, the Lift Taker and the Lift Provider will have the opportunity to rate each other on a scale of 1–5. A User’s average rating is visible to other users.

6. Specific terms for Lift Providers

6.1. At the time of agreement, conclusion and execution, the Lift Provider must have the legal and regulatory authorisation to drive the vehicle used to transport the Lift Taker or Lift Takers involved.

6.2. The Lift Provider must ensure at the time of agreement execution that the vehicle complies with applicable legislation.

6.3. When offering lifts, entering into agreements and executing agreements in the Netherlands, the Lift Provider is required to have valid liability insurance (W.A. verzekering). Responsibility for compliance with this requirement rests exclusively with the User.

7. Prices

7.1. The price of a lift is based on a set rate per kilometre determined by NG in Danish kroner (DKK) and which can be changed without prior notice. The price in other currencies may vary in accordance with the current exchange rate.

7.2. Prices are quoted in the currency of the User and the price shown upon conclusion of the agreement shall apply irrespective of subsequent exchange rate fluctuations.

7.3. The price of a lift is paid in full to the Lift Provider. There are no administration fees or other costs associated with carpooling agreements.

7.4. Users must at all times adhere to the pricing which applies.

8. Payment options

8.1. Users have an account with nabogo (hereinafter the “Wallet”) which is used to make and receive payments for lifts.

8.2. The User can deposit cash in their Wallet using an online payments module which accepts common online payment methods.

8.3. Users can receive Credit in their Wallets in the form of an amount in the User’s currency via a promotional code. Credit can be used exclusively as payment for lifts and cannot be exchanged. Credit has an expiry date and can be used to request lifts up until the expiry date – even if the lift itself is completed after the expiry date.

8.3.1. NG reserves the right to reset or change the expiry date of the User’s Credit at any given time.

8.4. Users with a form of Rejsekort (Travel Card) such as a commuter or season card (hereinafter “Rejsekort”) can use this for payment for all or part of the price of the agreement. In such case the cost is borne by NG. A Rejsekort is valid for use on nabogo if issued by a traditional public transport company which offers public transport.

8.5. NG reserves the right to cancel the User’s Rejsekort as a means of payment at any time.

9. Payment for lifts

9.1. When requesting a lift, the amount is reserved in the Lift Taker’s Wallet. Once the agreement has been made, the amount is then transferred to the Lift Provider’s Wallet. If the request or the agreement is cancelled, then the amount will be released in the Lift Taker’s Wallet.

9.2. Lift Takers can request a lift either by sending a request for a one-off lift via the app or by setting up a standing request which automatically requests the lift concerned each week. NG is not responsible for any unintended requests which are made from an automatic request.

9.3. If the User has the means to cover an agreement in their Wallet from several payment options, the fee will be covered by exhausting the options available in the following order as applicable to the individual User:

  1. Rejsekort
  2. Credit
  3. Cash

9.4. Regardless of the payment method used, the Lift Provider always receives payment for the lift in cash in their Wallet immediately after the lift is completed. This is based on the estimated arrival time.

9.5. The Lift Provider has the option (and the right) to accept an agreement with a Lift Taker without taking payment. In such instances, the agreement is entered into without the Lift Provider receiving any payment.

9.6. Receipts are not provided for transactions made in nabogo, however, the User can at all times access an overview of all their individual transactions in the app.

10. Transfers

10.1. The User can request the transfer of the cash in their Wallet into their bank account at any time. Amounts reserved for an activity cannot be transferred.

10.2. Disbursement of the balance will be made to the bank account designated by the User when the User requests this via the app. It usually takes between five and ten working days from the time at which the request is received to the transfer is made.

10.3. It is the sole responsibility of the User to ensure that the bank account details provided are correct.

11.  Liability and disclaimer

11.1. NG is not responsible for agreements between Lift Providers and Lift Takers, including the conclusion, planning and execution of agreements.

11.2. NG is solely an intermediary offering an intermediation platform and NG assumes no responsibility beyond providing this intermediation.

11.3. NG shall bear no liability for any damage incurred during carpooling, and similarly NG shall not be liable for any loss of carpooling revenue.

11.4. NG does not have insurance which covers or extends to the activities mediated through the platform or Users of the platform.

11.5. NG shall not be held liable for the availability, failure or functionality of the intermediation platform including as pertains to viruses, technical errors and outages. NG may also make changes to nabogo at any time, including the availability of functions and content.

11.6. NG shall not be held liable for any financial loss, capital loss or consequential damages.

11.7. NG shall not be held liable for the conduct, behaviour, actions or guarantees of Users or for descriptions, information or links which are posted by Users.

12. Service delivery

12.1. NG’s service is completed when Users have entered into an agreement via NG’s app. This happens when the Lift Provider accepts a lift request from a Lift Taker.

13. Right of withdrawal

13.1. The Lift Taker and Lift Provider have no right of withdrawal insofar as that the agreement between the Lift Taker and Lift Provider is not covered by the right of withdrawal as defined in the Danish Consumer Agreements Act.

14. Inappropriate activity and misuse

14.1. Agreements over 30 km which are paid for in full or in part by Credit or Rejsekort can be cancelled by NG without notice if these are deemed to fall outside the description of purpose.

14.2. Misuse of the scheme for purposes other than the intended purpose may result in exclusion from the platform.

14.3. If NG suspects misuse, cf. these Terms of Use, then NG may analyse the activity of the members on the platform.

14.4. NG reserves the right to refuse or cancel activities which are not deemed to fall within the description of purpose.

15. Data processing

15.1. In addition to these Terms of Use, NG’s Privacy Policy also applies and can be found on nabogo.com.

15.2. When the User registers as a user on nabogo, the User will be asked to submit some personal data to NG. Among other things, such data may include (but are not limited to) the User’s name, address, age, telephone number, email address and payment details. Please note the User is obligated to ensure that such data is always correct and up to date.

16. Complaints and dispute resolution

16.1. If the User wishes to file a complaint, we hope that the User will contact us in the first instance so that we may discuss the matter and hopefully reach a solution.

16.2. If the User wishes to lodge a complaint with the Centre for Complaints Resolution at the Danish Competition and Consumer Authority, Carl Jacobsens Vej 35, 2500 Valby, Denmark, they may do so via the following website: forbrug.dk/klagemuligheder/.

16.3. The User can also use the EU Commission’s online dispute resolution platform (ODR) via the following website: ec.europa.eu/odr/. When submitting a complaint via the ODR portal, the User must cite our email address anders@nabogo.com as a contact address.

17. Amendments

17.1. NG reserves the right to amend or change these Terms of Use. The User will be informed of this via email and any changes will also be published on nabogo.com.

18. Law and jurisdiction

18.1. If one or several of the provisions in these Terms of Use is found to be unlawful, invalid or unenforceable, this shall not affect or impair the validity, lawfulness or enforceability of any of the other provisions contained herein.

18.2. Any disputes between NG and the Users shall be settled in accordance with Danish law with Kolding Court as the legal venue.