Terms and Conditions
Last updated: 23 October 2024
These General Terms and Conditions apply to every use of Petbnb.nl, Petbnb.be, Petbnb.de, and the Petbnb App (together "Petbnb") and to all services that are offered and to all agreements that Petbnb enters into for the use of the website and App (together the "Platform") and the services.
By visiting and using Petbnb you agree to these General Terms and Conditions. Petbnb advises every user to read these Terms and Conditions in advance. In case of changes to the Terms and Conditions, Petbnb will notify users at least two weeks before they come into effect via email, along with information about the possibility to object. If the users do not object to the validity of the new General Terms and Conditions within two weeks of receiving the email, the changes to the General Terms and Conditions are considered to be agreed to.
General
Petbnb is a platform that aims to connect sitters and pet owners as effectively as possible. Petbnb strives to make finding a pet sitter as easy as possible. Owners can easily find a friendly sitter in their vicinity thanks to the services of Petbnb. Sitters get to look after lovely pets and earn a small fee on the side.
Petbnb is a platform where a sitter can place an advertisement. In this advertisement, the sitter service offered is described. Owners can get in touch with sitters and they can communicate with each other without the intervention of Petbnb.
Petbnb is in no way party to the sitting agreement between the owner and the sitter. All disputes between an owner and the sitter should be resolved between themselves. Petbnb is not liable for any damages caused as a result of a performed, unperformed, or partially performed sitting agreement. Petbnb reserves the right to delete user accounts and profiles at any time if they violate these General Terms and Conditions or if Petbnb deems it necessary to do so for other reason.
In the Netherlands, the sitting agreement is directly concluded by the owner with the specific sitter booked by the owner within the framework of the Service Regulation at Home (in Dutch "Dienstverlening aan huis". Petbnb is not a party to this agreement between the owner and the sitter and only act as a facilitator.
The Dienstverlening aan huis implies that a lighter legal regime applies to the service agreements between the sitter and the owner (service agreement), which are employment contracts in the sense of Title 10 of Book 7 of the Civil Code, than to ordinary employment contracts. The content of the Service Regulation at Home and an overview of the rights and obligations can be consulted via this link.
The main rights and obligations are the right to statutory minimum wage, holiday pay, paid vacation, and six weeksā continued payment in case of illness. The aforementioned rights are included in the rates advertised by the sitter on Petbnb. The sitter has a claim against the owner for compliance with the payment of the fee stated in the ownerās booking request, including the 8% holiday pay owed per year in accordance with the Dienstverlening aan huis, sickness absenteeism, and any compensation due for statutory vacation days accrued by the sitter from the moment the booked and agreed services are completed.
Definitions
- General Terms and Conditions: these conditions, regardless of the form in which they are made available.
- Owner: any internet user who uses the website in any way, including but not limited to sitters and owners and any other purchaser of services provided by sitters on Petbnb.
- User Account: to be able to use the services of Petbnb and to do so both owners and sitters must have a user account.
- Sitter: a pet lover who offers themselves via Petbnb as a sitter for one or more pets.
- Sitting Agreement: an agreement between sitter and owner that falls under the Service Regulation at Home and is booked and paid for via Petbnb. "Sitting" includes: daycare, lodging, walking, pet sitting, and home sitting.
- Petbnb: Petbnb.nl, Petbnb.be, Petbnb.de, and the Petbnb App are trading names of Pet Matters B.V. and are located at Andreasplein 1, 1058 GD in Amsterdam. Pet Matters B.V. has VAT identification number NL855121439B01 and is registered with the Dutch Chamber of Commerce under number 63166259.
- Stay: the stay of one or more pets of the owner with the sitters based on a sitting agreement.
- Profile: both owners and sitters create a user account on Petbnb with a profile and information relevant to the sitter or owner to make or accept a booking.
- Platform: the websites of Petbnb www.petbnb.nl, www.petbnb.be, www.petbnb.de, and the Petbnb App.
Protection of Your Privacy
The Privacy Policy explains how the Platform handle your personal data and how they protect your privacy when you use the Platform.
Minors
Minors may only use the services of Petbnb if they have obtained permission from their legal representative. To enter into a sitting agreement, users must be at least 18 years old.
Prohibited Use of Petbnb
The content of the Platform may not be copied, reproduced, and/or made public by users except for personal use. Personal use means use in personal web blogs or other personal websites, where a maximum of five hyperlinks may be inserted.
Users are not allowed to disclose personal data of other users who are active on the site as sitters and/or owners on Petbnb. It is also prohibited to approach these users to offer own products and/or services or to induce them to conclude sitting agreements outside the site. Such actions will result in your permanent removal from the Platform
The database of sitters and owners is subject to Petbnb's database rights. This means that users are not allowed to reuse a substantial part of this database and/or repeatedly and systematically extract and reuse insubstantial parts of the content of the database within the meaning of the Database Act, unless the aforementioned exception for personal use applies. It is also forbidden to display hyperlinks to sitters or owners on another website without prior written consent from Petbnb.
Rights holders can report activities on the website that infringe their rights and request the removal of a posting and/or any other entry by contacting Petbnb via email. Petbnb will then consult with the user about a solution and, if necessary, remove the relevant entry from the website.
Other Provisions
If we do not enforce a provision in the General Terms and Conditions, this does not mean that we waive the right to enforce it at a later date or against another user. Agreements deviating from the General Terms and Conditions are only valid if they have been confirmed in writing by Petbnb. If one or more provisions of the General Terms and Conditions are declared invalid by a competent court, the other provisions of the Terms and Conditions remain valid.
Petbnb is entitled to transfer its services, including the execution of its agreements, to one of its group companies.
The General Terms and Conditions constitute the entire agreement between Petbnb and their users and replace all previous agreements. The agreements arising from all services of Petbnb, as well as the General Terms and Conditions, are subject to Dutch law.
In the event of a legal dispute arising from these agreements or from the Terms and Conditions, only the courts of Amsterdam shall have jurisdiction. If the user acts as a consumer (a natural person who does not act in the exercise of a profession or business), they also have the option to, within one month after Petbnbp has invoked the jurisdiction of the District Court of Amsterdam, opt for the settlement of the dispute by the court competent under the law.
Conditions for the Use of Petbnb by Pet Sitters
Pet sitters advertise their services on Petbnb under their own name and with their own photos; all descriptions must be factually correct.
They are aware that they may be held legally liable for damages caused as a result of the pet-sitting activities under certain conditions according to the law.
They have liability insurance and comply with all (local) laws and regulations.
No contact details are shared on the profile or in communication with owners, and no other services or products are advertised.
Conditions for the Use of Petbnb by Owners
Owners are aware that they may be legally liable for damages caused by their pet during the pet sitting, in accordance with Article 6:179 of the Dutch Civil Code, even when their pet is with the sitter without them.
They shall indemnify the pet sitter and Petbnb for all liabilities and will not hold the pet sitter liable for damages arising out of the pet-sitting stay or walk.
They have liability insurance for themselves that also covers their pet(s).
They leave their pet(s) with the sitter free of fleas.
Payment can only be made via Petbnb. Users found to have paid for or received payment for bookings where the contact had taken place via Petbnb may be permanently banned from using the Platform
No contact details are shared on the profile, the account, or in communication with the sitter, and no advertising is made for other services or products of the owners.
Creating a Profile and a User Account
A sitter or owner creates their profile on the website. Before a sitter or owner can create a profile, edit it, ask questions, or make a booking, they must first log in. To log in, a user account is required.
When creating a user account, it is not permitted to choose a username that contains a URL or part of a URL.
Sharing your login details with third parties is forbidden as is the use of third-party login details to perform actions on Petbnb. Sitters or owners may only create one user account and only one profile to avoid confusion on Petbnb.
Payment
Payment is made via the third-party account holder āOnline Payment Platformā or another payment service provider selected by Petbnb, for which Petbnb may charge the sitter a small fee.
The stay must always be paid for in advance by the owner via Petbnb. Petbnb holds these amounts only in the aforementioned third-party account and transfer the amount to the sitterās account after the stay is completed. This reduces uncertainty regarding the payment to the pet sitter and ensures proper service for the owner.
Petbnb may charge sitters a fee of up to 30%, including VAT. This fee decreases the more often a sitter sits and receives good reviews. Please refer to the Frequently Asked Questions for the current fees. This covers the costs for the website, the payment system, customer service, and marketing.
A maximum of ā¬9.99 per transaction may be charged to the owner. Please refer to the Frequently Asked Questions for the current transaction fees.
The commission payable by the sitter to Petbnb is offset against the stay fee retained by Petbnb. The sitter therefore receives the pet-sitting fee minus the Petbnb's fee after the conclusion of the booking.
The transaction fee and the fee, insofar as it is charged, include 21% Dutch VAT.
Petbnb may waive commissions and booking fees or grant a temporary discount to promote the Platform.
Changing and Cancelling a Paid Booking
For some services, a cancellation policy may apply. This depends on the type of service and/or the sitterās cancellation conditions. The cancellation conditions are indicated when booking the service and/or in the sitterās profile. The sitter can choose a cancellation policy for some services, such as "Dog Boarding" and "House Sitting". The Service Agreement ends when the booking is completed. You can cancel a sitting service only by cancelling the booking via the Platform. The sitter will then be immediately informed of the cancellation/termination of the sitting service. A cancellation/termination via chat, SMS, WhatsApp, telephone, email, or in any other way other than via the Platform is not a (valid) cancellation/termination of the sitting service.
It is the responsibility of the sitter to specify a payment deadline when accepting the request or submitting a custom quote so that the cancellation agreement can be effected.
Changes to existing bookings are only possible by mutual agreement between owner and sitter. In case of no-show or cancellation during the stay, the full cost of the stay is due unless the pet is brought later or picked up earlier in consultation with the sitter.
Owner's Obligations Around the Stay
For Doggy Daycare and Dog Boarding, the owner brings the pet(s) to the sitter and collects them unless the parties agree otherwise.
A "night: for "Dog Boarding" or "House Sitting" is always 24 hours unless the parties agree otherwise. Sitter and owner may of course deviate from these times by mutual agreement.
The owner provides sufficient food and any medication for the pet(s) and gives clear written instructions for administering food and any medication to the pet(s).
The owner brings items belonging to the pet(s), such as a bone, a stuffed toy, a pet(s) bed, and toys, in consultation with the sitter to make the pet(s)ās stay more pleasant.
The owner gives the sitter clear instructions about the pet(s)' habits, such as walk times etc.
The owner provides the sitter with the name, address, and telephone number of the pet(s)ās veterinarian and, if applicable, the policy number of the pet(s)ās health insurance.
The owner provides at least their mobile number, and the parties agree on how to contact the sitter or a contact person of the owner in case of emergency.
If contact cannot be established in an emergency, the owner agrees that the sitter will make a decision regarding the pet(s)ās treatment.
Sitter's Obligations Around the Stay
The sitter makes every effort to follow the ownerās instructions to the best of their knowledge and belief to make the pet(s)ās stay as comfortable as possible.
Publishing a Review and a Response
A review is a written report of an ownerās experience with a sitter from Petbnb. A review is displayed on the sitterās profile.
When an owner writes a review for a sitter, the sitter can respond once. The response is then displayed below the ownerās review.
The rules for a review and a response:
- The review and/or response must be in good faith and truthful;
- The content must relate to the sitterās service and/or the ownerās behaviour;
- The content must not contain curse words or insults, defamatory, vulgar, obscene, or racist language;
- The content must not contain privacy-sensitive and/or personal information (such as address details, websites, etc.);
- The content must not contain commercial messages; and
- The content must not contain links and/or scripts.
Reviews and responses are generally not removed unless the review is, in Petbnbās view, incorrect, unreliable, or clearly unlawful and/or violates one of the above rules and/or the General Terms and Conditions. In such a case, Petbnb is entitled to remove the review or response. Additionally, Petbnb may remove reviews upon request or on its own initiative if it considers them not "fair". Petbnbās parties will not be notified of Petbnb's decision.
The user indemnifies Petbnb against any claims by third parties in connection with a response and/or a review.
No Warranties
Petbnb cannot guarantee that their services will always meet your expectations. We also cannot guarantee that the website or App will always function flawlessly.
All information and data on the website are subject to typographical or clerical errors.
Users, sitters, and owners should exercise their own due diligence and adequately inform themselves before creating an account, setting up a profile, or entering into a sitting agreement. Petbnb does not verify the truthfulness and quality of the advertised services, the competence of sitters to offer services, and/or the competence of users to purchase services. Petbnb provides no guarantees in this regard.
Petbnb also cannot guarantee that the services offered by sitters on the Platform will meet your expectations.
Limitation of Liability of Petbnb
Petbnb, Pet Matters B.V., or any affiliated company is only liable for direct damages resulting from intent or gross negligence on the part of Petbnb. Direct damage is exclusively understood to mean: the costs reasonably incurred by the sitter or owner to rectify or eliminate Petbnb's failure, as well as reasonable costs incurred to prevent or limit such damage and reasonable costs incurred to determine the cause and extent of the damage.
Any liability of Petbnb, Pet Matters B.V., or any affiliated company for indirect damages, including but not limited to consequential damages, loss of profit, and loss of revenue, is excluded. In particular, Petbnb, Pet Matters B.V., or any affiliated company is not liable for damages on the part of users caused by third parties who use or do not use the website and/or services of Petbnb.
Should Petbnb, Pet Matters B.V., or any affiliated company nevertheless be liable for any reason, this liability is limited to a maximum of (a) the total fee that the user has paid to Petbnb in the six months prior to the act giving rise to the liability, or (b) ā¬100, whichever amount is higher.
Changes to the Service
Petbnb may change their website at any time or cease offering their services or offer them differently. Petbnb will do its best to announce any change or cessation of their services within a reasonable period.
Use of Profile Information and Intellectual Property Rights
Petbnb may use the sitterās and the ownerās profile and its content for their own advertising purposes. This includes that an advertisement or part of it may be shown on third-party websites, in print media, or on television.
By placing an advertisement, you grant Petbnb a free, worldwide, irrevocable, sublicensable, and transferable licence to use, reproduce, distribute, and disclose the advertisement and/or parts of its content for marketing, promotional, and/or advertising purposes. By placing a profile, you guarantee that you are authorised to grant this licence.
The content of the website enjoys copyright protection. Petbnb is the owner of these rights. All intellectual property rights relating to the website belong exclusively to Petbnb and/or its licensors, with the exception of the material provided by users in connection with postings, the account, and/or the user profile. Users are not permitted to reproduce and/or publish the website (or parts thereof) except for the use described in these General Terms and Conditions, without prior written permission from Petbnb.
Petbnb hold various trademark registrations. Without prior written permission from Petbnb, it is not permitted to use their trademarks.
The Petbnb Veterinary Guarantee
The purpose of the Petbnb Veterinary Guarantee is to provide compensation for medical costs incurred during pet sitting as a result of an accident. To prevent unauthorized use of the fund, extensive rules have been established that specify how and under what conditions a claim can be made on the Petbnb Veterinary Guarantee.
The Petbnb Veterinary Guarantee can be claimed if a verifiable accident occurs during a stay booked and paid through Petbnb, such as a traffic accident, bone fracture, ingestion of a foreign object, exposure to toxic gases, poisoned food, bite wounds, fire, or flooding. Compensation of up to 50% of medical expenses for an accident up to a maximum of ā¬250 per case can be requested. To minimise the risk of accidents, pet(s) owners must complete a full profile of their pet(s) on Petbnb. If not, the Petbnb Veterinary Guarantee will not apply.
For the fund, an accident is defined as a sudden, unexpected external force acting on the petās body, resulting directly in physical injury as determined by a veterinarian. Costs for medically necessary treatments as a result of an accident are eligible in the following cases:
- a traffic accident;
- a bone fracture;
- ingestion of foreign objects, toxic gases, or deliberately poisoned food;
- a confrontation with another animal that causes (bite) wounds;
- fire or flooding.
Excluded Claims
- medical costs for treatments resulting from an accident to all joints, regardless of the type of injury and location of the joint.
- medical costs for treatments resulting from an accident that consist of (preventive) control of parasites.
- medical costs for treatments resulting from an accident if the owner and sitter have agreed that the pet(s) may be off-leash outdoors.
Submitting a Claim
A claim for compensation from the Petbnb Veterinary Guarantee must be submitted to Petbnb via email to hulp@petbnb.nl within 48 hours of the accident:
- Attach a photo of the bills. Keep the original receipts as well.
- Provide the unique pet identification number (chip number).
- Indicate which treatments were performed and the amount stated on the bill.
- Provide a phone number where we can reach you during business hours.
Claim Evaluation
We may ask for additional information, such as a more detailed specification of the bill. If you submit a claim for costs partly covered by the fund and partly not, we will prorate the bill to evaluate reimbursement. We may consult with you or the treating veterinarian about your submitted claim. This way, we can determine if you are eligible for reimbursement. We may ask you or the treating veterinarian for additional information:
- what diagnosis was made or what treatments were performed;
- the costs of the treatments;
- more information about the insured pet. We may also request this information directly from the veterinarian.
Once we know all medical details, we will inform you by email whether the costs can be reimbursed from the fund. We cannot inform you of this by phone. Sometimes, we may not reimburse your costs in full or at all. If you do not meet your obligations when submitting a claim, you may harm Petbnbās interests. In such a case, we may decide not to process the claim.
Misuse
The fund can only exist based on the trust of participating pet(s) owners. Sometimes, this trust is abused, which can harm Petbnb and other Petbnb users. Petbnb therefore makes every effort to detect and investigate fraud. If fraud occurs, we may take measures such as:
- Denying or not processing a claim.
- Recovering a paid claim from you.
- Charging you for any additional costs incurred.
- Filing a report with the police.
- Additionally, we may recover any unjustly incurred costs or unjustly paid benefits.
Other Provisions Relating to the Guarantee
If you can hold a third party liable for the medical costs of your insured pet, Petbnb may reclaim the paid costs from this third party and you agree to fully cooperate with Petbnb to this end. If your pet(s) are already insured then no claim for payment from the fund can be made. In the unlikely event that the insurer does not provide coverage, the fund may still be used.
Costs for the following conditions or events are explicitly excluded and cannot be claimed under the guarantee fund:
- The illness, indication, condition, or complaint arises from an epidemic. An epidemic is deemed to exist if at least 5% of all pet(s) in the country suffer from the same disease or ailment.
- The illness, indication, condition, or complaint arises from severe conflicts (harassment) such as an armed conflict, civil war, or insurrection.
- The illness, indication, condition, or complaint of the animal was caused by you or with your knowledge by the sitter (or a family member of yours or the sitter over the age of fourteen years) intentionally or due to gross negligence.
- The sitter has used your pet with your knowledge for guarding or for a special sport such as greyhound or sled pet(s) racing.
- If you knowingly or unknowingly provided incomplete or inaccurate information when making a claim, you are not entitled to reimbursement from the fund.
- Costs incurred to meet the obligations specified in these terms or other obligations you have under your insurance, such as additional travel or administrative costs.