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1. Welcome to the TAPA community

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1.1 TAPA manages a platform that allows : 

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  • users to rent objects they own (these users being "Owners");

  • users to rent objects listed on the platform (these users being "Renters");

  • the "Renters" to pay the "Owners" for the rental of the objects concerned; 

  • the users to resolve disputes concerning the rented objects.

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2. Important information about renting or lending items through TAPA

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2.1 TAPA only provides a platform that allows users to borrow and/or lend objects, but does not itself borrow or lend objects. TAPA does not automatically control the quality of the items made available for rent by the "Owners".

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2.2 As such, the "Owner" (and not TAPA) is responsible for ensuring that the items listed match the descriptions provided, are fit for purpose and are safe to use. If you are a "Renter", TAPA will not be responsible for the items you rent.

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2.3 If you are a "Owner", you will also be responsible for complying with any obligations you may have under applicable law with respect to the item(s) you offer for rent, including complying with the rights of "Renters" under applicable consumer law and compensating any damage caused to the "Renter" or any other person by your item(s).

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2.4 If you are a "Renter", you will be responsible for compensating the "Owner" for any loss or damage caused to the rented item(s). You will also be responsible for any damage you cause to other persons or property while using the rented item(s).

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2.5 TAPA reserves the right to remove any user from the platform if users do not comply with the terms of use described in this document. 

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3. Become a member of the TAPA community - Create your account

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3.1 To engage in rental activities - and to access the TAPA platform - all users ("Owners" and "Renters") must create an account using a valid email address and cell phone number which we will verify through confirmation emails and SMS. 

 

3.2 In addition to a valid email address and cell phone number, all users will be required to provide the following information and documents to create their account and engage in rental activities:

 

  • Complete mailing address ; 

  • Copy of valid ID card or residence permit (both sides).

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3.3 TAPA reserves the right to grant access - or not - to the TAPA platform to any new user depending on the information received by the latter. Users will only be allowed to engage in rental activities once their profile has been verified and approved by the TAPA team. Any missing information or problems in the verification process will be notified to users directly by email or phone. Thus, users will always have the opportunity to provide any missing documents or information to gain access to the platform.

 

4. Specific Terms of Use for "Owners"

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4.1 "Owners" must not offer for rent on the TAPA Platform: firearms, knives, pornography, adult content, animals or any item that is illegal to rent in Belgium and the European Union. We may remove any item offered for rent on our platform if we believe that such items are illegal, immoral or damaging to our reputation.

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4.2 As the "Owner", you are responsible for ensuring that: 

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  • You arrange for the delivery or collection of the rented items with the "Renter";

  • The descriptions of the items you put up for rent on the Platform are accurate and include all information relevant to the use of the item, including (where applicable): an indication of any defects, restrictions or other requirements that may apply to the use of the item; and any instructions or advice that may reasonably be required to use the item safely;

  • The items you post for rent on the Platform match the photos or descriptions you advertise; 

  • and that the items are safe to use in accordance with any reasonable instructions you provide to the "Renter".

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4.3 Note that as the "Owner", you are free to decide the most appropriate price you wish to charge the "Renter" for the rental of your item for the relevant rental period (the "Transaction Fee"). TAPA will recommend rental prices based on the overall rental market and other similar items listed on the Platform. When you post items for rent on the Platform, you must ensure that the Transaction Fee you quote on your listing represents the total price to be paid for the rental of your items, including any applicable additional fees such as taxes or costs of delivery or cleaning of equipment. 

 

4.4 TAPA reserves the right to spontaneously optimize the descriptions or photos of the items offered for rent by the "Owners" on the platform in order to make them more "attractive" if necessary. 

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4.5 As "Owner", you are responsible for choosing the period during which the objects you have listed are available for rent. The "Renter" will only be able to book a rental for the items listed on the date and during the period that the "Owner" has marked as "available" beforehand. 

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4.6 As "Owner", you will always have the opportunity to approve or reject a rental request made by a "Renter". "Owners" will be able to make this decision based on the information provided by "Renters" via their profile and through the rating and evaluation mechanism that TAPA will put in place. 

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4.7 As an "Owner", you may withdraw an advertisement or cancel your agreement to rent your objects at any time up to 24 hours before the agreed start of the rental period, without additional costs. If "Owners" cancel a rental agreement less than 24 hours before the start of the rental period, TAPA may charge them a cancellation fee equal to 30% of the corresponding transaction fee.

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5. Specific Terms of Use for "Renters"

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5.1 When a "Renter" agrees to rent an item from an "Owner", the "Owner" grants the "Renter" a limited right to use this item for the relevant rental period. This right is personal to the "Renter" and the "Renter" is not allowed to give this right to another person.

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5.2 As a "Renter", you are responsible for ensuring that : 

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  • you comply with all reasonable instructions provided by the lender to use the item safely;

  • you return the item in the same condition in which you collected it from the lender (cleaned, with no missing parts and in good condition, except for any reasonable wear and tear).

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5.3 "Renters" are free to agree with "Owners" as to the manner in which they will return the items they have rented to "Owners"; however, "Renters" must ensure that they return the items they have rented to "Owners" before the end of the approved rental period. If "Renters" fail to return an item within the agreed upon time frame, they must contact "Owner" or TAPA' directly to inform them as soon as they know they will not meet the original time frame. If the "Owner" is handicapped by this extra time, then the "Renters" will have to book and pay the extra time immediately. 

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5.4 The "Renters" are responsible for any loss or damage to the object they have rented.

 

6. Fees and payment

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6.1 If you are a "Owner", we will collect the transaction fee from the "Renter" on your behalf. Unless we are unable to obtain payment from the "Renter", for example when the payment method is declined or our payment service provider determines that there is a risk of fraud, we will transfer the Transaction Fee to you within 24 hours of the rental start date and after the "Renter" has confirmed that the item is in good working order and is true to the description provided by the "Owner".  

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6.2 If you are a "Renter", once you have agreed to rent an item to the "Owner", we will charge you the full Transaction Fee on behalf of the "Owner" in addition to a 15% 'TAPA transaction fee' (15% of the total rental amount). 

 

7. Resolution of disputes between "Owners" and "Renters"

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7.1 We encourage users to resolve any disputes directly between themselves. If, as a "Renter", you have lost or damaged an item, you are required to immediately reimburse the "Owner" for the full value of repairing the item (if possible) or replacing it. 

7.2 If you are an "Owner", we may ask you to provide proof of purchase, photos of any damage to an item, or any other evidence that may support your claim for reimbursement by a "Renter". When you claim that a "Renter" damaged an item, we may also ask you to provide photos or video of your item taken before it was provided to a "Renter" to support your claim that damage was caused by the "Renter" (and was not present at the beginning of the rental period).

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7.3 TAPA operates a platform that allows:

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  • users to rent out objects they own (these users being "Owners") ;

  • users to rent out objects listed on the platform (these users being "Renters"); 

  • the "Renters" to pay the "Owners" for the rental of the objects concerned; 

  • users to resolve disputes concerning the rented items. 

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In this respect, TAPA cannot be held responsible for any damage, loss or theft of the objects or items listed on the platform. This is why TAPA never engages in financial compensation for incidents related to the objects. However, TAPA will facilitate the resolution of any disputes between users of the platform. 

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7.4 TAPA reserves the right to assist users in taking legal action in case of deliberate and obvious abuse such as (but not limited to) damage and theft of rented material. 

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8. Deletion of a user

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TAPA reserves the right to remove any user from the platform and terminate their right to use the service without any particular reason and without being liable for compensation.

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