Definition of terms:
In these conditions, the following terms have the following meanings:
Agreement: the agreement concluded in the context of putting the vehicle into use. Depending on whether a fee is charged for the use of the vehicle, there is a rental agreement or loan agreement;
Rental agreement: the vehicle is given to the renter for use for a fee;
Vehicle: the car (including accessories and parts) that is hired or borrowed;
Tenant: the natural or legal person who concludes the agreement as a tenant;
Lessor: the natural person who concludes the agreement as lessor;
Rental period: the agreed period during which the vehicle is put into use;
Lessor damage: the financial loss suffered by the lessor as a result of:
- Damage is understood to mean:
- K varieties ( including scratches from the car wash)
- Rim damage
- Paint damage
- Interior damage
- missing of the vehicle or accessories (such as the key, alarm, documents such as registration papers and insurance documents) or parts thereof. This damage includes the costs of replacing (accessories and parts of) the vehicle and the loss of rental income;
- W ith or by the vehicle to a person or property inflicted damage, for which the lessor, the license plate holder or the liability insurer of the vehicle is liable towards third parties; wherein these terms and conditions damage to the lessor is stated, damage to the lender must be read as a loan agreement;
Driver: the actual driver of the vehicle;
In writing: in writing or electronically;
WAM: Motor Vehicle Liability Insurance Act
Article 1 – Applicability
- Depending on whether a fee is charged for the use of the vehicle, there is a rental agreement or a loan agreement. In both cases these general terms and conditions apply.
- If one or more provisions of these general terms and conditions are null and void or are nullified, the other provisions will continue to apply.
Article 2 – The agreement
1. The agreement is entered into for the period and (if applicable) at the rate stated on the agreement or as agreed in another way. The agreement states the day and time on which the rental period starts and ends.
Article 3 – The price
- In case of rent, the rental rate and any additional costs (such as price per kilometre) are agreed upon in advance. This also applies to any authority of the lessor to change the rate and any additional costs in the interim. The rental rate and any additional costs are clearly stated in the agreement.
- The number of kilometres driven is determined on the basis of the odometer unless it is broken. From that moment on, the number of kilometres driven is determined in a different correct way.
- During the rental period, the costs due to the use of the vehicle, such as tolls (applicable to foreign destinations), fuel costs, cleaning costs and parking costs are borne by the tenant.
- Only costs that have been agreed upon can be charged to the tenant. However, if there is a reason for this, the tenant must pay compensation to the landlord.
Article 4 – The rental period, extension and exceeding of the rental period
- The lessee must return the vehicle to the lessor on the day and time when the rental period ends. The address of the lessor is stated in the agreement. If a different address has been agreed upon, the vehicle must be brought there on time. The lessor will receive the vehicle during opening hours.
- The renter may only return the vehicle outside opening hours or to another address with the consent of the lessor.
- Agreements about returning the vehicle earlier within the agreed rental period are without obligation.
- If the vehicle is not returned as agreed upon after the end of the (possibly extended) rental period, the lessor can immediately take back the vehicle. The tenant’s contractual obligations remain in force until the vehicle is returned to the lessor.
- If tenants are not returned on time, the vehicle will the landlord one euro charge for e l minute too late return to the vehicle. After being exceeded by five hours, up to 1 ½ time the daily rental price can be charged per day. In addition, the lessor can request compensation for damage, both for damage that already exists and for damage that will follow. If it is and continues to be impossible to return the vehicle, a higher rental price will be charged. The increase in the rent does not apply if the tenant demonstrates that the exceeding of the rental period is the result of force majeure.
Article 5 – Payment
- At the start of the agreement, the landlord may request payment of a deposit.
- The deposit is in principle refunded within 14 working days and after the vehicle has been returned. The landlord can settle the outstanding costs.
- In case of damage by the landlord, this will also be deducted from the deposit. In that case, reimbursement will take place as soon as it is clear what amount is left. The refund will be made within two months, but in the event of damage to third parties within six months. If there is in addition to the retained locking n remain on damage costs, which will be recovered from the owner.
- If another person has caused damage to the lessor and the lessor has received full compensation from this third party for this, the deposit will be returned within 14 days after the recovery of the damage. The lessor will endeavour to recover the damage caused by third parties as soon as possible. The landlord will keep the tenant informed of his efforts.
- If the rental period starts within three months after the conclusion of the rental agreement, the landlord can request advance payment of up to 50% of the rent. Unless otherwise agreed, the rent must be paid immediately. Other amounts must be paid within ten days of receipt of the invoice. The tenant must pay the amount due before the payment date has passed. If he does not do so, the lessor will send a payment reminder free of charge after the expiry of that date and give the tenant the opportunity to pay the outstanding amount within fourteen days after receipt of this payment reminder. If after the expiry of the payment reminder still not paid, the lessor is entitled to charge interest from the moment of default. This interest is equal to the statutory interest. Legal and extrajudicial costs incurred by a party to enforce payment of a debt may be charged to the other party. The amount of these costs is subject to (legal) limits. This can be deviated from in favour of the tenant.
Article 6 – Obligations of the tenant
- The renter must handle the vehicle properly and ensure that he uses the vehicle as intended. For example, it is prohibited to use the vehicle on a track, on an area for which the vehicle is not suitable, or on an area where it is stated that you are going on it at your own risk.
- Renter must return the vehicle in the same condition as he received it. This means, for example, that the renter must undo any changes to the vehicle. The renter is not entitled to compensation if he has made improvements to the vehicle that needs to be removed.
- The tenant must ensure that no one is driving the vehicle who is unable to do so due to a physical or mental disability. This also applies to someone who is not authorized to drive the vehicle. Furthermore, the renter may only give the vehicle to someone else for use if he/she is the driver on the agreement or if it has been agreed in writing in another way that he/she may drive the vehicle.
- The tenant may not sublet the vehicle.
- The tenant is not permitted to take the vehicle outside the national borders of the Netherlands unless otherwise agreed in writing with the lessor.
- If the vehicle is visible, smelly or – in view of the driving characteristics – noticeably broken, article 7 paragraph 4 applies and the hirer may no longer use the vehicle if this makes it worse. The vehicle may also no longer be used if this is bad for road safety.
- The tenant is obliged to point out the rules of the rental to drivers, passengers and other persons who he allows to use the vehicle and to ensure that they also adhere to them.
- The tenant must, among other things, carefully handle the keys belonging to the vehicle, the operation of the alarm system and the documents belonging to the vehicle (such as the registration certificate and border documents).
- The renter may not use the vehicle for driving lessons or for transporting persons for payment other than for ‘carpooling’. The renter is not allowed to compete with the vehicle, or to do speed, driving skills or reliability tests.
- The tenant is absolutely not allowed to smoke in the vehicle.
Article 7- Instructions for the tenant
- The lessee must maintain the vehicle’s oil level and tire pressure (or have it maintained). If the lessor asks the lessee to return the vehicle for normal maintenance, the lessee will do so if this can be arranged for him in the normal way. The request to return the vehicle for maintenance is not asked if the rental period is one month or less.
- however, the vehicle must be delivered clean and with a full fuel tank. Tenant does not, sex n the cleaning – and fuel costs will be charged with a minimum of € 25, – (including VAT)
- The tenant fills up with fuel specified by the lessor and intended for the vehicle, possibly with the additives that the lessor has requested.
- Is the vehicle visible, or smellable of- view on the driving characteristics-felt broken, have the vehicle slightly damaged or becomes a missing vehicle, the tenant must follow these instructions. – the tenant will inform the landlord about this as soon as possible, but in any case within 24 hours; – the tenant does what the landlord asks him to do; – the tenant will provide all information and relevant documents to the landlord or his insurer on his own initiative or in response to a request; – the tenant leaves the vehicle in such a way that it will be properly protected against damage or loss; – it may be that the lessor wants to request compensation from someone else. It is also possible that a third person thinks the landlord to pay him compensation and the landlord hie r counter to want to. In such cases, the tenant must cooperate.
5. In the event of accidents, damage or loss of the vehicle, the hirer is also obliged:- to report immediately to the local police;- to submit a fully completed and signed claim form to the lessor as soon as possible; – not to admit guilt in any way.
- 6. The tenant must inform the lessor as soon as possible, but in any case within 24 hours, about:
– that he reasonably suspects that a part (such as the odometer/tachograph / speed limiter / PTO / cooling engine ) of the vehicle has been disturbed;
– that he reasonably suspects that the sealing plan of the fuel supply system has been broken;
– that something has happened that caused damage to, or damage with or through the vehicle, or that this type of damage could well start to occur;
– breakdown of the vehicle;
– the missing of the vehicle or of parts/accessories;
– that the hirer has lost control of the vehicle or that which belongs to it in some other way;
– that the vehicle has been seized; and about other circumstances about which the lessor should reasonably be informed .
7. Authorities, such as the police, may ask the lessor to say who has driven or used the vehicle at any given time. If this occurs, the tenant must answer questions from the landlord as soon as possible.
Article 8 – Obligations of the lessor
1. When the lessor hands over the vehicle to the lessee, the vehicle will have a fully filled fuel tank, the agreed accessories and specifications as well as the equipment required in the Netherlands. The vehicle will have the correct tire pressure and oil level. The vehicle will also be clean, well maintained and, insofar as known or known to the lessor, in good technical condition.
2. At the start of the rental period, the lessor and the renter indicate on the agreement where any damage is located on the vehicle.
3. The landlord gives the tenant the required documents along for the start of the rental period. 4. The lessor will ensure that there is a Dutch-language instruction in the vehicle and also an overview of telephone numbers where the renter can report within opening hours. 5. On the vehicle (preferably close to the fuel filler opening) you can read which type of fuel – plus any additives – needs to be refueled. 6. The Dutch instruction of the vehicle states at which levels the oil level and tire pressure must be maintained. 7. There is adequate breakdown assistance in the Netherlands and in the countries on the green card. Roadside assistance in other countries only applies if the parties have agreed that the vehicle may also be used there. 8 . If the breakdown is the result of the tenant’s own fault, the costs of the assistance will not be reimbursed by the landlord.
9 . The lessor inspects the vehicle immediately upon return by the renter for possible damage.
Article 9 – Liability of the tenant for damage
1. The tenant is liable for damage of the landlord per claim up to the deductible stated on the agreement. 2. If the damage results from something the tenant has or has not done in violation of article 6, then the tenant must in principle fully compensate the landlord’s damage. 3. If the vehicle is returned outside opening hours with the consent of the lessor and / or if the vehicle is parked elsewhere than at the lessor’s business address so that the lessor can come and collect it, the following applies in accordance with paragraphs 1 and 2: – The renter remains liable for damage incurred by the lessor until the time when the lessor has actually inspected the vehicle or has had it inspected.
– The lessor will inspect the vehicle at the first opportunity and will immediately inform the renter if damage has been detected.
4. Paragraph 2 does not apply if, according to the conditions of the WAM insurance agreement, there is cover for the financial loss of the lessor that arises because this lessor / the registration holder / the insurer of the vehicle can be held liable for damage of someone who has vehicle itself has been personally injured or whose property has been damaged.
5. If the renter allows another person to use the vehicle, for example as a passenger or driver, the renter is liable for what these persons do or fail to do. Even though these persons did not have the tenant’s consent for their use.
6. In the event of damage to the vehicle abroad, the costs of repatriation of the vehicle will be borne by the lessor, unless the second paragraph of this article applies, or unless the parties have agreed that the vehicle may not be used abroad. turn into.
7. When the vehicle is at the garage/damage repairer, due to the damage caused, the costs of the number of days that the car is there will be recovered from the renter.
Article 10 – Defects to the vehicle and liability of the lessor
1. When the tenant asks the landlord to fix defects, the landlord must in principle do this. This is not necessary if a defect really cannot be remedied. It is also not necessary if the tenant cannot reasonably request this from the landlord, given the money that the landlord would have to spend for this. If the tenant is liable to the lessor for the defect or for the consequences of the defect, the lessor does not have to remedy the defects, even if the tenant has requested this.
2. Lessor is not liable for damage to transported goods due to a defect in the vehicle. If someone who has suffered personal damage has been able to recover this damage from his own non-life insurer or if such a person has received a different payment for this, then the lessor is not liable for this personal damage.
3. That which is stated in paragraph 2 of this article does not apply if the lessor knew or should have known about the defects when making the rental agreement, or if the defects were caused by intent or gross negligence on the part of the lessor.
Article 11 – Government measures and information to authorities
1. The government can impose a sanction or measure during the period of renting and borrowing and the tenant must then pay for the financial consequences. This does not apply if they are imposed because of a defect that the vehicle already had when the period started, or if they are related to circumstances that are within the risk sphere of the lessor.
2. If the landlord is imposed such a sanction or measure, the tenant must immediately compensate the damage when the landlord requests this. The tenant must also pay the costs of administration, with a minimum of € 15 (including VAT). The lessor must limit those costs as much as possible. Sometimes the police or another authority finds a traffic violation. One can then ask the lessor for information about what has been done or what has not been done, when it should have been done. The tenant must also pay the costs for this .
3. If the tenant so wishes, he can get a copy of the official document of a sanction.
Article 12 – Seizure of the vehicle due to administrative / civil / criminal law
1. All the rules of the agreement remain, even if the vehicle has been seized. For example, the tenant must continue to pay the rent. This until the vehicle has returned to the lessor, without an attachment. This does not apply if an attachment has been made for something that lies within the landlord’s risk sphere.
2. The tenant pays the costs because of such an attachment.
Article 13 – Dissolution of the rent
1. The lessor can terminate the agreement and take back the vehicle at the moment that:
– the renter does not, not timely or not fully fulfill one or more of his obligations during the rental period, unless this is not serious enough for a dissolution;
– the landlord is aware of the existence of circumstances of such a nature that he (if he had been aware of them) would not have entered into the agreement (in this way) with the tenant. In that case, the lessor can continue to request reimbursement of costs.
2. The renter will fully cooperate with the lessor to return the vehicle.
3. If the tenant dies before the start of the rental period, the rent will be dissolved.
4. Landlord is not liable for damage suffered by tenant as a result of dissolution on the basis of this article.
Article 14 – Processing of personal data of the tenant and the driver
The personal data mentioned in the agreement are by the landlord as controller within the meaning of the Data Protection Act incorporated into the administration of Drive by C . On the basis of this processing, the lessor can implement Article 11 of these terms and conditions, execute the agreement and provide the tenant or driver with optimal service and up-to-date product information. The personal data can also be passed on to bailiffs in the event of refuelling without payment and in the event of theft. The tenant can request inspection and correction with regard to the processed personal data and lodge an objection.
Article 15 – Applicable law
1 This agreement is governed by Dutch law unless mandatory law is governed by the law of another country.