Terms of Service

TERMS OF SERVICE

Effective Date: [1 August 2025]
Last Updated: [24 August 2025]

Welcome to Emptiva (“Platform Owner”). These Terms of Service (“Terms”) govern your access to and use of our website, services, and platform (collectively, the “Platform”). By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

  1. Introduction

1.1 Purpose: The Platform facilitates the temporary rental of shops by allowing shop owners (“Shop Owners”) to list their spaces for rent and renters (“Renters”) to book these spaces.
1.2 By using the Platform, you agree to these Terms, our Privacy Policy, and any other policies referenced herein.
1.3 Legal Framework: These Terms are governed by Dutch law and comply with the Digital Services Act (DSA), General Data Protection Regulation (GDPR), and the EU Platform-to-Business Regulation.

  1. Definitions

2.1 Platform: The online service provided by the Platform Owner for listing and booking shop spaces.
2.2 Shop Owner: The individual or entity that owns and lists a shop on the Platform.
2.3 Renter: The individual or entity that rents a shop through the Platform.
2.4 Rental Period: The agreed duration for which a shop is rented, not exceeding [maximum duration].
2.5 Consumer: A natural person acting outside their trade, business, craft, or profession as defined under Dutch consumer law.

  1. Platform Services

3.1 The Platform provides a digital marketplace for Shop Owners to list shops for temporary rental and for Renters to book these spaces.
3.2 The Platform Owner does not provide or coordinate with any third-party insurance providers. Users are solely responsible for arranging their own insurance coverage as required under these Terms.
3.3 Intermediary Status: The Platform Owner acts solely as a neutral intermediary and does not become a party to user agreements. We do not guarantee, endorse, or assume responsibility for the property, any user, or transaction.

  1. Responsibilities

4.1 Platform Owner:

  • Maintains the Platform, ensures data security, and facilitates communication between Shop Owners and Renters.
  • Acts exclusively as a neutral intermediary and does not guarantee listings, user conduct, or property condition.
  • Is not a party to rental agreements and does not serve as agent, broker, or representative for either party.
  • Implements DSA-compliant illegal content notice-and-takedown and content moderation mechanisms.
  • Processes personal data in accordance with GDPR.

4.2 Shop Owners:

  • Must provide accurate and complete information and comply with all laws and regulations.
  • Must ensure safety, cleanliness, and legal compliance of the shop.
  • Are responsible for their own and the shop’s insurance, taxes (including VAT if applicable), and ensuring the shop is fit for rental.
  • Are responsible for providing evidence of permits/zoning compliance when requested.
  • Must hand over the premises as listed and comply with all additional obligations specified in the contract.

4.3 Renters:

  • Must arrange their own insurance covering the Rental Period and indemnify the Shop Owner for damages.
  • Must conduct only agreed business activities and comply with all Dutch laws and shop rules.
  • Must leave the property as found and pay for damages.
  • Are responsible for ensuring all personnel have proper legal status to work in the Netherlands.
  1. Platform Rules

All users must:

  • Act with integrity, respect, and comply with the Nondiscrimination Policy.
  • Not attempt to circumvent platform fees or payments.
  • Use other members’ information only as needed for transactions made on the Platform.
  • Not offer, request, or accept any payments outside of the Platform.
  • Not manipulate search algorithms or Platform processes.
  • Acknowledge that the Platform Owner is not obliged to monitor user content, but may remove illegal/incompatible content as per DSA requirements.
  1. Fees and Payments

6.1 The Platform Owner charges a service fee of 12% plus 21% Dutch VAT, deducted from the Shop Owner’s payout.
6.2 The Platform Owner is VAT registered and will provide VAT invoices in accordance with Dutch law.

  1. Cancellations, Cooling-Off, and Reservation Issues

7.1 Cancellations are handled per the published policy.
7.2 Consumers (as defined in 2.5) have a 14-day withdrawal period for distance contracts, except where services have been fully delivered or where exemptions under Dutch/EU law apply.
7.3 Shop Owners should not cancel reservations without valid legal reason.
7.4 If a refund is required after payout, the Platform Owner may recover the sum from future payouts.

  1. Insurance and Liability

8.1 Shop Owners and Renters must obtain and maintain insurance sufficient to cover all liabilities and provide evidence on request.
8.2 The Platform Owner does not provide or verify insurance and is not liable for insurance-related issues.
8.3 Limitation of Liability:

  • The Platform Owner’s liability is strictly limited to direct damages up to the value of the Platform Fee paid in connection with the disputed transaction in the preceding twelve (12) months.
  • The Platform Owner is not liable for indirect, incidental, consequential, punitive, or exemplary damages.
  • Nothing excludes Platform Owner’s liability for intentional misconduct, gross negligence, personal injury, fraud, or cases where exclusion/limitation is prohibited by Dutch mandatory law.

8.4 All users agree to indemnify and hold harmless the Platform Owner for third-party claims arising from their actions, breach of these Terms, or violation of law, except in cases of an intentional act or gross negligence by the Platform Owner.

  1. Resolving Complaints and Damage Reports

9.1 Users are responsible for resolving complaints and claims directly.
9.2 The Platform Owner does not mediate disputes but will provide technical/logistical assistance for DSA notice/takedown processes.
9.3 Platform provides a complaint mechanism for illegal content, per DSA.
9.4 For unresolved consumer disputes, users may access the EU Online Dispute Resolution platform.

  1. Force Majeure

The Platform Owner is not liable for failure/delay in performance due to events beyond reasonable control, as defined in Article 6:75 Dutch Civil Code. Obligations are suspended for such periods.

  1. Safety and Compliance

Shop Owners must ensure compliance with all laws, ordinances, and safety rules.
Any safety incidents must be promptly reported to both Platform Owner and relevant authorities.

  1. Data Protection and Privacy

12.1 The Platform Owner processes all personal data in accordance with GDPR principles. Details are set in the Privacy Policy.
12.2 Users have all GDPR rights and can access, rectify, delete, or object by contacting the Data Protection Officer.
12.3 All data transfers outside the EEA are protected by required safeguards.

  1. Platform-to-Business Regulation Transparency

13.1 The Platform provides transparent information on ranking, fair termination, complaint systems, and user rights in accordance with Platform-to-Business Regulation and ACM rules.

  1. Governing Law and Jurisdiction

Dutch law governs these Terms. The courts of Amsterdam have exclusive jurisdiction for disputes, except where mandatory EU consumer protection law gives rights to sue in another jurisdiction.

  1. Acceptance and Changes

By using the Platform, you accept these Terms.
We may update these Terms as required by law, DSA, or business practice, notifying users as legally required.