Legal
Terms of Service
Last updated: October 2026
Welcome to Nearby. These Terms of Service govern your use of the Nearby platform, operated by Nearby, Dublin, Ireland. Please read them carefully before using our service.
1. Acceptance of terms
By accessing or using Nearby, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not use the platform. We may update these terms from time to time and will notify you of material changes.
2. Eligibility
You must be at least 18 years of age to create an account and use Nearby. By registering, you represent that you are at least 18, that the information you provide is accurate, and that you are legally capable of entering into binding agreements under Irish law.
3. Account responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to update it as needed. You must notify us immediately of any unauthorised access to your account. Nearby reserves the right to suspend or terminate accounts that violate these terms.
4. Listing items
When you list an item on Nearby, you represent that you are the legal owner or have authorisation to rent the item, that the item is in good working condition and matches the description provided, and that the item is not stolen, illegal, or unsafe. You are responsible for setting accurate pricing, availability, and condition details. Nearby reserves the right to remove listings that violate our policies.
5. Safety
Nearby is a marketplace that connects neighbours who lend and borrow items. We do not own or supply the items listed. For items that can hurt someone if they are faulty or used wrongly (for example ladders, child car seats, power tools, and gas or electrical appliances), we ask both sides to confirm a short safety declaration, and we keep a record of each confirmation. Lenders confirm that the item is safe and in working order, that they have checked it recently, that the listing describes any faults or wear, and that they will hand over any instructions or safety equipment it needs. For child car seats, lenders also confirm that the seat has never been in a collision or dropped and is within the manufacturer's expiry date. Lenders confirm this when they list the item and again for each rental. Borrowers confirm that they know how to use the item safely, that they will check it before use and follow the manufacturer's instructions, that they will stop using it and report it in Nearby if anything seems wrong, and that they are responsible for how they use it and for anyone who uses it with them. For all other bookings, borrowers confirm that they will check the item at pickup and use it as intended.
6. Booking and payments
Bookings are agreements between lenders and borrowers facilitated by Nearby. All payments are processed securely through Stripe. Borrowers pay the rental fee plus a 15% service fee (minimum €2.50 per booking, and 25% for some higher-value categories such as cameras and drones) when the lender accepts the booking. Cancellations and refunds follow section 8 (Cancellation policy). Lenders receive 85% of the listed rental price. Lenders' earnings reach their Stripe account when the borrower pays, and Stripe pays them to their bank on their payout schedule.
7. Nearby Guarantee
Every booking includes the Nearby Guarantee, a discretionary goodwill payment scheme funded by Nearby. The Nearby Guarantee is not insurance, and it is not an insurance policy or a contract of insurance; any payout is made at Nearby's sole discretion. The same Guarantee applies to every rental at no extra cost - there are no paid tiers and no add-on at checkout. The Guarantee applies to accidental damage to, or theft of, the rented item during the rental period, up to €2,000 per item, applied after the borrower's liability. It excludes normal wear and tear, cash and documents, consequential loss, and items not rented through Nearby. Claims must be reported within 48 hours of the item's scheduled return, with supporting evidence (such as your own photos of the item's condition at pickup and return) provided within 10 days of reporting. Full terms are available on our Guarantee page.
8. Cancellation policy
Every booking on Nearby uses one cancellation policy, called Standard. Until the borrower has paid, nothing has been charged, so cancelling costs nothing. If the borrower cancels before the cut-off, they get a full refund, including the service fee. The cut-off is 24 hours before pickup. For cancellations, pickup counts as 9:00 (Dublin time) on the rental start date, or earlier if the item is collected earlier, so the cut-off is 9:00 the day before the start date. If the borrower cancels after the cut-off and before pickup, they get 50% of the rental back. The service fee is not refunded, and the lender keeps their usual share of the other 50%. After pickup there is no refund, including for early returns and for extra days added with an extension. If the lender cancels or does not hand the item over, the borrower always gets a full refund, including the service fee. If the item is faulty or not as described, the borrower reports it to support@nearby.ie within 24 hours of pickup, with photos. After review, the borrower gets a full refund, including the service fee. Borrowers cancel from the booking page, which shows the exact refund before they confirm. Nearby sends the refund to the original payment method straight away; banks usually show it within 5 to 10 working days. Lenders who need to cancel, and borrowers whose item was not handed over, contact support@nearby.ie. Repeated cancellations by a lender may result in reduced visibility or account suspension.
9. Late returns
Return the item at the agreed time. Running late? Agree a new time with the lender in Nearby messages before the agreed end time. There is a 2-hour grace period after the agreed end time. After that, if the item comes back late without the lender's agreement, the lender can ask for one day's rental for each day or part day late, at the listing's daily price. Nearby helps collect it by sending the borrower a payment link. If a borrower doesn't return the item and stops responding, Nearby may treat the item as not returned: we will contact the borrower, we may suspend their account, and the lender can report it through the Nearby Guarantee process, where any payment is at Nearby's discretion.
10. Prohibited items
The following may not be listed on Nearby: weapons and ammunition, illegal drugs or paraphernalia, stolen property, hazardous materials, items that infringe intellectual property rights, adult content, live animals, and any items prohibited by Irish law. Nearby reserves the right to remove prohibited listings and suspend offending accounts without notice.
11. Liability
Nearby acts as a platform connecting lenders and borrowers. We are not a party to rental agreements and do not take possession of listed items. While we operate the Nearby Guarantee and facilitate secure payments, we are not liable for the condition of items, the behaviour of users, or any loss arising from the use of our platform beyond the extent required by law. Users agree to resolve disputes directly or through our dispute resolution process.
12. Dispute resolution
If a dispute arises between a lender and borrower, we encourage resolution through our in-app messaging system. If a resolution cannot be reached, either party may escalate the dispute to Nearby support at support@nearby.ie. We will review the case and make a determination within 10 business days. Our decision is final for disputes involving Nearby Guarantee claims. For all other matters, users retain the right to pursue resolution through the courts of Ireland.
13. Intellectual property
The Nearby platform, including its name, logo, design, and content, is owned by Nearby and protected by copyright and trademark law. Users retain ownership of content they upload (photos, descriptions) but grant Nearby a non-exclusive, worldwide licence to use such content for the purpose of operating and promoting the platform.
14. Termination
Nearby may suspend or terminate your account at any time for violation of these terms, fraudulent activity, or behaviour that harms other users or the platform. You may close your account at any time through your account settings. Outstanding obligations (pending bookings, unresolved disputes) survive termination.
15. Governing law
These terms are governed by and construed in accordance with the laws of Ireland. Any disputes arising from these terms or your use of Nearby shall be subject to the exclusive jurisdiction of the courts of Ireland.
16. Deposits
Items in higher-value categories such as cameras and drones, and items the lender values at over €500, carry a deposit on rentals of up to 5 days. There is no deposit for longer rentals, and the Nearby Guarantee applies as usual. The listing and the booking show the amount before you book. The lender can set it between €50 and €500. Otherwise it is 20% of the item's value, at least €50 and at most €500. When you pay for a booking with a deposit, you agree that Nearby may charge your card up to the deposit if the lender makes a documented damage or loss claim that Nearby approves, and Nearby saves your card for that purpose only. At pickup you are asked to place the deposit as a hold on your card. A hold is not a charge. If your card can't hold it for the whole rental, or the hold doesn't go through, your saved card and your agreement stand in for it. The lender can make a claim, with their photos of the item at pickup and return, from pickup until 24 hours after the scheduled return. If there's no claim by then, the hold is released and your agreement to a charge ends. Your bank may show a released hold for a few days. If the lender makes a claim, Nearby reviews it with both of your photos and decides. Nearby takes only the amount it approves, never more than the deposit, and pays it to the lender. Anything above the deposit may be considered under the Nearby Guarantee.
17. Contact
If you have questions about these Terms of Service, contact us at support@nearby.ie. Nearby, Dublin, Ireland. Privacy contact: privacy@nearby.ie.