Terms of Service

These Terms of Service govern your use of the HABACHA platform. By using HABACHA, you agree to these terms. If you do not agree, do not use the platform.

1. Definitions

• "HABACHA", "we", "us" — the operator of the HABACHA intermediary platform, registered in the Netherlands.
• "Platform" — the website, portals, APIs, and related services operated by HABACHA.
• "Client" — any person or entity submitting a rental or lease request through the platform.
• "Supplier" — any person or entity offering assets for rent or lease through the platform.
• "HB-Code" — the unique tracking code generated for each client request.
• "Rental" — the agreement between a Client and a Supplier for use of an asset.

2. The nature of HABACHA

HABACHA is an intermediary. We introduce Clients to Suppliers. We do not:

• Own, operate, or manage any asset listed on the platform.
• Set, control, or influence the price charged by any Supplier.
• Process payments between Clients and Suppliers.
• Sign, negotiate, or administer the rental or lease contract.
• Provide insurance, licensing, or regulatory verification for any asset.
• Act as an agent of either the Client or the Supplier.

3. Risk and liability for damage

4. Disputes between Client and Supplier

Any dispute — including but not limited to damage claims, non-delivery, cancellation, pricing disputes, contractual interpretation, or insurance matters — remains strictly between the Client and the Supplier. HABACHA is not a party to any such dispute, is not a mediator, is not an arbitrator, and is not liable for any outcome.

HABACHA's records (the HB-Code and the timestamp of referral) may be provided upon written request to assist a Client or Supplier in establishing that a referral occurred. HABACHA will not otherwise participate in the dispute.

5. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts. If you use the platform on behalf of a company, you confirm that you have the authority to bind that company to these terms.

6. Client obligations

• Provide accurate information (name, email address, and request details).
• Comply with the Supplier's own terms, eligibility requirements, and licensing conditions (such as holding the correct driver's license, boat license, or pilot's license).
• Not submit false, fraudulent, or duplicate requests.
• Not attempt to circumvent HABACHA by contacting the Supplier directly after an introduction, in order to avoid the commission being paid to HABACHA.

7. Supplier obligations

• Provide accurate company information, a valid contact email, and a working contract link.
• Honour every Lead referred by HABACHA in good faith, under the Supplier's own commercial terms.
• Mark Leads as Booked in the supplier portal when a deal is confirmed.
• Report accurate transaction values for commission calculation.
• Maintain all licenses, permits, and insurance required by the laws of the jurisdiction in which the Supplier operates.
• Not solicit a Client to bypass HABACHA or to avoid the commission, as further described in the Supplier Agreement.

8. The HB-Code

The HB-Code is the sole proof of referral. Once a Client receives an HB-Code and is redirected to a Supplier, the Supplier is obliged to recognise that HB-Code as a HABACHA referral. Failure to honour a valid HB-Code may result in suspension, termination, and invoicing of the commission based on HABACHA's internal records.

9. Commission and fees

HABACHA charges a commission to Suppliers only. Clients pay nothing. Commission rates are tiered by division (8% / 10% / 12% / 15%) and are described in full in the Supplier Agreement. Founding suppliers pay 50% of the standard commission for their first 12 months.

10. Prohibited uses

• Submitting false, misleading, or fraudulent information.
• Using the platform for harassment, threats, or fraud.
• Attempting to reverse-engineer, scrape, or copy the platform's code or data.
• Interfering with the security or availability of the platform.
• Using the platform for any unlawful purpose.

11. Intellectual property

All content on the platform (design, text, logos, code, and structure) is the property of HABACHA or its licensors. You may not reproduce, distribute, or create derivative works without written permission. The HABACHA name and logo are trademarks of HABACHA.

12. Third-party services

The platform uses third-party infrastructure providers (Supabase, Vercel, Resend) for database, hosting, and email delivery. HABACHA is not responsible for the independent acts or omissions of these providers, although we select them with care.

13. Disclaimers

HABACHA provides the platform "as is" and "as available". We do not guarantee that the platform will be uninterrupted, error-free, or free of viruses. We do not verify every Supplier's operational capacity at every moment, although we review Suppliers before approval. Any rental or lease is entered into at your own risk, directly with the Supplier.

14. Limitation of liability

To the maximum extent permitted by Dutch law, HABACHA is not liable for:

• Any damage, loss, injury, or cost arising from the rental or lease of an asset.
• Any indirect, incidental, special, or consequential damages.
• Any loss of profits, revenue, data, or goodwill.
• Any damages arising from the acts or omissions of a Supplier or a Client.

Where liability cannot be excluded, HABACHA's total liability for any claim is limited to the total commission paid to HABACHA by the relevant Supplier during the 12 months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless HABACHA, its directors, employees, and agents from any claim, damage, or cost (including reasonable legal fees) arising from your use of the platform, your breach of these terms, or your breach of any third-party rights.

16. Termination

HABACHA may suspend or terminate access to the platform at any time, with or without notice, if you breach these terms or if continued access would harm the platform or other users. Clients and Suppliers may stop using the platform at any time. Suppliers remain liable for any commission accrued before termination.

17. Governing law and jurisdiction

These terms are governed by the laws of the Netherlands. Any dispute arising from these terms or the use of the platform will be submitted exclusively to the competent court in Amsterdam, the Netherlands, unless mandatory consumer law provides otherwise.

18. Changes to these terms

We may update these terms from time to time. The "Last updated" date at the top of this page reflects the most recent change. If a change is material, we will notify active Suppliers by email. Continued use of the platform after a change constitutes acceptance of the new terms.