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Client’s Account – means a unique Client’s platform assigned to his personal data (such as e-mail address and telephone number), identified by an unique Client’s Name. Client’s Account may include:
- User Profile – for Clients using offers of Offerers;
Motorcycle Rental Service Offerer Profile – for Clients offering Motorcycle Rental Services; and
Sport Service Offerer Profile – for Clients offering Sport Services.
User – means a person, who may accept an offer published by Offerer.
Transaction Costs – means payment service fee (handling fee etc.).
Client’s Name – means an unique name or number of the Client which is assigned to Client’s Account in vikinggarage.com. Client’s Name is associated with the Client’s e-mail address and telephone number.
Similar Offer – means Motorcycle Service or Sport Service offered by the Offerer in any service other than vikinggarage.com, where the Offerer offers a similar range of services to a similar group of clients, like in a case of Sport Equipment Rental Service or Sport Service offered at the same time on vikinggarage.com.
Offerer – means person, who offers Motorcycle Rental Service and/or Sport Service.
Operator – means „VIKING GARAGE Michał Mikołajczyk with registered office in Warsaw (address: Dobra 12/5/6 Street, 00-388, Warsaw, Poland), NIP: 9512133743.
PayPal – means a platform offering payment services enabling sending and receiving online payments, maintained by PayPal (Europe) S.à r.l. & Cie, S.C.A., with registered office in Luxembourg.
Service Fee – means gross value, which shall be calculated as a percentage of the Compensation. The Service Fee shall be paid to the Operator for publishing offers and assistance in concluding agreements and payments between Clients.
Terms – means Terms of Rendering Electronic Services by vikinggarage.com.
Vikinggarage.com – means e-platform providing Motorcycle Rental Service and Sport Service on vikinggarage.com website.
Client – means a person, who may view offers available in vikinggarage.com after creating the Client’s Account. Both Offerer and User are considered Clients.
Motorcycle Rental Service – means any services for short-term renting of motorcycle and motorcycle equipment.
Operator’s Service – means electronic services consisting of announcement for Motorcycle Rental Service and Sport Service.
Sport Service – means the service of related to broad meaning of sports activities, including: group training, individual training and consultations and other similar services containing the use of a motorcycle and other similar services.
Service Completion – the Motorcycle Rental Service and Sport Service rendered between Clients, which was not cancelled and did not receive any official complaint from the Clients.
Automatic Conclusion of the Agreement – the agreement of Motorcycle Rental Service or Sport Service is concluded at the moment of submitting statements by the User through vikinggarage.com.
Conclusion of the Agreement by Acceptance – the agreement of Motorcycle Rental Service or Sport Service is concluded at the moment of submitting statements of acceptance by the Offerer through vikinggarage.com.
The Terms specify, in particular:
- rights, duties and responsibilities of the Operator related to Operator’s Service;
rights, duties and responsibilities of the Client related to Motorcycle Rental Service and Sport Service;
liability rules of the Operator for the Operator’s Service.
Conclusion of the Agreement of Operator’s Service (registration and setting up an Client’s Account)
The Operator’s Service agreement is concluded at the time of creation of the Client’s Account in vikinggarage.com by the Operator.
Agreement for the Operator’s Service is concluded for an indefinite period of time.
- profile of the Client;
unique Client’s Name;
telephone number; and
Vikinggarage.com is available only for person over 18 years.
By submitting the form, the Client confirms that:
he is over 18 years old;
his personal data are accurate and complete;
he is authorised to conclude Operator’s Service agreement by electronic means;
his data does not breach the rights of any third parties;
he gives consent for his personal data to be processed for the purposes of realization of the Operator’s Service.
Operator will create Client’s Account by assigning him Client’s Name on the basis of the received data in properly completed form.
Client who wants to list Motorcycle Rental Service or Sport Service Offerer Profile shall provide:
the bank account number; or
identification data of his PayPal account
– to be able to use the Motorcycle Rental Service or the Sport Service.
One person shall create and have only one Client’s Account.
The e-mail address and telephone number are the form of identification of Client and will be used for communication between the Client and the Operator.
The Client is obligated to have current e-mail address and telephone number. If the Client’s e-mail address or telephone number is changed, the Client shall immediately inform Operator Service about this information.
Operator may refuse to create Client’s Account, if the data is already used within vikinggarage.com or if the Client’s intentions are doubtful or when the data are contradictory to the official law, the Terms, universal practice or if Client violates personal rights or legitimate interests of the Operator.
Client obtains access to Client’s Account via e-mail address and Client’s unique password.
Client shall not share his password with other people or permit others to access Client’s Account. Client shall bear sole liability towards third parties caused by sharing his password to other people.
Technical conditions for Operator’s Service
The Operator’s Service is provided through the internet (World Wide Web), using telecommunications network for the transmission of data.
To use the Operator’s Service in full, Client shall have access to the internet, data transfer and electronic device capable of processing of data.
Scope of the Operator’s Services
The Operator’s Services include e-platform for publishing offers and intermediation and settlements linked to:
- Motorcycle Rental Service; and
- Sport Service.
The Offerer may publish offers only related to Motorcycle Rental Service and Sport Service in vikinggarage.com.
Users may use offers published by Offerer in vikinggarage.com.
Offers published in vikinggarage.com shall indicate:
- kind of offer (Motorcycle Rental Service or Sport Service);
- information about Offerer;
- the service description (made in non-misleading, accurate manner, as precisely as possible);
- the total amount Compensation for the Service (Offerer is not allowed to charge any additional fees not mentioned in the offer);
- place where the performance of Motorcycle Rental Service or Sport Service shall begin, including the address of the place of performance of the service; or/and
- other information, in particular:
- requirements for an additional personal data (requirement to show the ID, driving license etc.);
- if needed, preparatory course or training required to performed Motorcycle Rental Service or Sport Service; and any additional important information.
Operator’s Service shall not be limited in territory/country.
Motorcycle Rental Service and Sport Service Compensation
The Compensation specified by the Offerer in the offer is final. Offerer is not allowed to charge any additional compensation.
Offerer who publishes a Similar Offer is obliged to offer on vikinggarage.com the same or lower Compensation.
The Operator is entitled to temporary block Client’s Account or to terminate the agreement immediately with Offerer, if the Operator receives the information that Offerer offers more expensive Motorcycle Rental Service or Sport Service in vikinggarage.com than in a Similar Offer (in particular, if the information is reported from another Clients).
Booking and conclusion of the agreement of Motorcycle Rental Service and Sport Service
Vikinggarage.com is not a party to the agreement between the Offerer and the User.
The User opens the listing page, selects options (dates) and clicks on the "Rent" button.
On the following page, the User reviews the details of the purchase and clicks "Checkout with PayPal". He is taken to PayPal to complete the payment. If the User does not complete the payment within 1 hour, the transaction attempt is closed.
Once the payment is done, the User is taken to a page that displays the transaction details.
The Service Fee is moved from the Oferrer's PayPal account to the Operator’s PayPal account.
The Offerer gets an email notification of a new transaction that needs to be accepted. If the transaction is not accepted within 3 days or before the end date, the transaction is canceled and no money is transferred. Once accepted, the money (minus PayPal's payment processing fee) is transferred to the seller's PayPal account. Both parties get a receipt of the transaction via email.
The Motorcycle Rental Service and the Sport Service agreement between the Oferrer and the User is concluded at the moment of submitting statements by the Offerer through vikinggarage.com.
The Oferrer and the User can discuss freely to agree on details.
When the order is completed (users have met, product is delivered...), they can mark the order as completed.
Users can then review each other.
Performance of the Motorcycle Rental Service and Sport Service
The Operator shall not be liable for performance or failure of the Motorcycle Rental Service and the Sport Service.
The Motorcycle Rental Service and the Sport Service, shall be considered as Service Completed if:
- the Clients confirms the Motorcycle Rental Service and Sport Service to be performed immediately after; or
- none of the Clients will initiate the complaint procedure in accordance with §15 point 3 of Terms.
The agreement of Motorcycle Rental Service and Sport Service termination
The User is entitled to terminate the Motorcycle Rental Service and Sport Service agreement concluded with the Offerer.
In the case of Termination of the Motorcycle Rental Service and Sport Service agreement by the User concluded as Conclusion of the Agreement:
- not later than 48 hours before scheduled commencement of the Motorcycle Rental Service and Sport Service – the Operator will refund 50% of the Compensation to the User.
- less than 48 hours before scheduled commencement of Motorcycle Rental Equipment and Sport Service – the Operator will not refund the Compensation to the User.
Agreement of Motorcycle Rental Service or Sport Service failure
In case of non-performance of Motorcycle Rental Service or Sport Service by the Offerer, in particular, in case of termination of the agreement, absence on the place, presence in state incapable to perform the Service – Operator can delete the Offerer’s offer.
The Operator charges the Service Fee for Operator’s Service based on the value of the Compensation.
The Service Fee is 18% of the Compensation.
Total amount of Service Fee (not including transaction costs) charged by the Operator is 18% (the Offerer receives 82% of the offer’s value after providing the service, according to VIKING GARAGE’s Terms & Conditions).
Settlement of the Motorcycle Rental Service and Sport Service
Users are obliged to pay any public-law liabilities (in particular, tax liabilities) related to Motorcycle Rental Service and Sport Service which are the result of agreements concluded through vikinggarage.com.
The prevention of payment fraud
If the Operator suspects that transfer constitutes fraud attempt, the Operator shall hold payment and notify the appropriate enforcement authorities.
Motorcycle Rental Service and Sport Service evaluation
The User is asked to anonymous evaluation of the Offerer.
The User and Offerer are allowed to publish written opinion about other Clients and about the Motorcycle Rental Service or Sport Service.
The review will be published on vikinggarage.com with the Client’s Name.
The User has the right to complain about the Services and refrain from using Services after the conclusion of the Agreement, only in reasonable cases.
The complaint of Motorcycle Rental Service or Sport Service shall be send at: firstname.lastname@example.org
The User has the right to complain about the Sport Services, in particular, in the following cases:
- the Offerer was being unable to carry out the Sport Services, or
- the Services described in the offer in Motorcycle Rental Service and Operator Service proved to be false.
The complaint form shall include:
- name of the Client;
- kind of Service (name of the particular offer);
- basis for the complaint;
- description of evidence.
An incomplete complaint form (without information above) or one containing inconsistency or obscure information, shall not start the complaint proceedings.
The User shall submit the complaint on the correct form in the following time:
- within 6 hours from commencement of the Motorcycle Rental Service or Sport Service as indicated in the offer – in case Motorcycle Rental Service and Sport Service is not used; and
- within 6 hours from the moment of declared commencement of the Motorcycle Rental Service or Sport Service as indicated in the offer– in other cases.
The burden of proof lies on the User who starts the complaint proceedings.
The Operator shall review the complaint immediately, but not later than within 10 days from the day of receipt.
The decision of the Operator is definitive and discretionary. The Clients contesting the decision of the Operator are allowed to claims based on a general principles of law.
The Operator shall issue a decision pursuant to evidence put forward by the Client. The Operator may collect evidence by himself and contact with the Clients.
Vikinggarage.com content rules
By using the vikinggarage.com, in description of the service or description of the written opinion, The Client shall not:
- publish abusive and unlawful content or content infringing personal rights;
- publish advertisements or other commercial offers;
- to copy, modify, multiply and disseminate, transmit or use the vikinggarage.com’s content excepted for personal use the allowed by law;
- undertake any actions which may disturb the vikinggarage.com function and to use vikinggarage.com in way that may be burdensome for other Clients;
- use vikinggarage.com in an illegal manners, violating Terms, morality or violating the personal rights of others or the legitimate interests of the Operator.
In particular the Client is not allowed to:
- publish any external links to internet sites other than those which can be shared through vikinggarage.com;
- publish on vikinggarage.com contact details other than those available on vikinggarage.com
- publish commercials and advertisements.
The Operator shall be authorized to remove the content without any prior notice.
The scope of the Operator’s responsibility of Motorcycle Rental Service or Sports Services
The Operator does not assume responsibility for sport equipment quality (in Motorcycle Rental Service), and for performance of the Sport Service, concluded via vikinggarage.com. The Offerer is solely responsible for sport equipment quality (in Motorcycle Rental Service), and for performance of the sport service (in Sport Service), concluded via vikinggarage.com.
The Operator does not assume responsibility for any damages inflicted by performance of the Motorcycle Rental Service or Sport Service concluded via vikinggarage.com.
The Operator does not offer (personal) accident insurance against any damages caused by performance of the Sport Service. The Operator recommends the Clients to purchase insurance against damages. The Operator recommends also to contact with a doctor to diagnose and eliminate any contraindications before the commencing any sport.
The Operator does not guarantee sport equipment damage insurance against any damages caused by performance of the Motorcycle Rental Service. The Operator recommends the Clients to purchase insurance against damages.
Protection of personal data
Termination of the agreement concluded between the Client and the Operator
The agreement concluded between the Client and the Operator may be terminated by the Client or the Operator.
The Client is allowed to terminate the Operator’s Service agreement at any time, without giving any reasons. The Client shall send a request of termination of the Operator’s Service agreement to the following e-mail address: email@example.com. Operator’s Service agreement shall be terminated immediately after Client’s data verification.
The Operator has a right to terminate the Operator’s Service agreement in the following cases:
- the Operator receives justified and credible information that Client is publishing content prohibited by law, immoral or violating other personal goods or interest of the Operator;
- the Client uses the Motorcycle Rental Service and Sport Service against its purpose;
- the Client cancels the e-mail address or telephone number which was used to create Client’s Account; and
- the Operator receives at least two notifications that Client’s mailbox is full.
The Operator Service shall terminate when the Client’s Account is removed.
In particular, the Operator is entitled to the above measures in case of:
- publishing prohibited content;
- make (or attempt to make) fraud against the Operator or another Client;
- absence in the place of Motorcycle Rental Service or Sport Service, and
- publishing offers which contain false information, in particular, an invalid compensation or demand for additional charges beyond offer.
The measures above do not exclude settlement of the claims by judicial process on general basis.
The Operator is allowed to: terminate the Operator’s Service; delete any information and Client’s data; transfer the Operator’s rights to another legal entity; and any legal activities connected with vikinggarage.com. Client has no claims to the Operator connected with above.
In case of changing the Terms the Operator shall inform the Client at least 14 days before the day of change. The Operator shall inform the Clients about a new provisions, via e-mail.
Client, who does not agree new provisions of Terms shall terminate the agreement between the Client and Operator’s Service. Use of vikinggarage.com after the new regulations come in force shall be deemed as acceptance of the new Terms.
Any disputes between Client and the Operator shall be resolved by mediation or shall be brought to the court competent for the Operator.
Contact details of the data controller:
- Sharetribe Oy
- Business ID (Finland): 2432359-2
- Address: Bulevardi 14 A, 00120 Helsinki, FINLAND
- Internet: www.sharetribe.com
- Email: firstname.lastname@example.org
Contact person in privacy matters:
- Joanna Kuźniacka
- Address: 3730, Persiaran Apec, Cyberjaya, 63000 Cyberjaya, Selango
- Phone: +48-667 772 402
- Email: email@example.com
One of the services used by VIKING GARAGE is Sharetribe Oy (Business ID 2432359-2), a limited liability company incorporated and existing under the laws of Finland, having its principal place of business at Bulevardi 14 A, 00120 Helsinki, Finland ("Sharetribe").
Regarding the storage of the data. Sharetribe uses Amazon Web Service (AWS) cloud hosting, located in the East USA Data Center. Sharetribe have signed a DPA with AWS that includes the Modal Clauses that EU currently requires to make sure the data storage partner outside EU area is trusted enough to be used. The data is stored in a MySQL database where the access is limited to the Sharetribe employees who need it for work. With some critical information we take extra measures, for example, user passwords are only stored in an encrypted format and credit card details are not stored on our servers at all, only at the payment provider services that specialize in payment data handling.
Most of the personal data we process is collected directly from the Users. We may collect following personal data in the process of providing the Service:
Following data is processed by Sharetribe's payments processor (currently Paypal):
VIKING GARAGE automatically collects and processes the following technical data about the User:
Furthermore, VIKING GARAGE may also collect other anonymized statistics about the way the User uses the Services provided by VIKING GARAGE and Sharetribe.
Legal basis and purpose of processing personal data
VIKING GARAGE processes personal data for three main purposes:
The primary purpose of collecting personal data is to provide the website vikinggarage.com and Services, to issue accurate charges for the use of the Services and to manage the customer relationship. The processing of personal data in this case is based on the agreement between the Customer and VIKING GARAGE. This concerns, for example, the data collected during the signing up for the Service, during the use of the Service and the technical data needed to run the Service in a secure manner and communications with Users.
- Marketing and other communications
VIKING GARAGE may occasionally send its Customers email to inform about new features, solicit feedback, or provide information on what is going on with VIKING GARAGE and its products. We base this on our legitimate interest to provide Users with relevant information as part of the Services and to promote our Services.
- Service development and research
We always work to make our Services better. Therefore, we may use the User's data to improve the Services. We base this processing on our legitimate interest to grow and develop. VIKING GARAGE may also collect technical data for statistical purposes to compile anonymous, aggregated statistics, such as about the most popular marketplaces. Sharetribe may display information publicly to others in an aggregate format that does not reveal statistics of any single marketplace. Sharetribe does not disclose personal data other than as described below.
Disclosures of Personal Data
We may disclose personal data to third parties in the following cases:
Transfer of personal data outside of EU/EEA
When necessary and to the extent required for the successful provision of the Services, personal data may be transferred to third parties outside of EU/EEA. VIKING GARAGE or its subcontractors shall not transfer personal data outside of EU/EEA without adequate safeguards required by applicable data protection law, such as standard contractual clauses. VIKING GARAGE may also use Privacy Shield-certified subcontractors located in the U.S. For more information about the Privacy Shield framework developed by the U.S. Department of Commerce and the EU Commission and the related principles concerning processing of personal data, please see here.
VIKING GARAGE uses third party cookies for various purposes. We may use third party cookies for statistical purposes to compile anonymous, aggregated statistics, such as to estimate number of Users and detect which parts of the Service Users find most useful, and identify features that could be improved. For such purposes, we use third party cookies, such as Google Analytics, to help analyze how our Users use the Service. The technical usage information (including IP address) generated by the cookie about use of the Service is transmitted to such third parties to compile statistical reports.
VIKING GARAGE may also use third party cookies for marketing purposes to collect information about Users' browsing habits and to remember visits in order to make advertising more relevant to that User and to his or her interests. These cookies are usually placed by third party advertising networks and social media providers, such as Doubleclick, Google Adwords and Twitter. A list of used third parties is available here.
Retention of personal data
Exceptionally, VIKING GARAGE may retain personal data for a longer period if we have a legitimate reason or an obligation to store data for the purposes of criminal investigation or other corresponding reason.
If a User thinks there is a problem with the way VIKING GARAGE is processing personal data, the User has a right to file in a complaint to a data protection authority in the EU. In Poland the competent authority is the Data Protection Ombudsman. The User may contact Finnish Data Protection Ombudsman through this link.