General Rental Terms Autohopper the Netherlands B.V.
Definition
In these general terms and conditions the following terms shall be defined as:
| Vehicle: | The vehicle or other business, which is the subject of the rental agreement; |
| Lessee: | The natural or legal person who concludes the rental agreement as Lessee; |
| Lessor: | Participant of Autohopper |
| Consumer: | The Lessee who is a natural person and has not entered into the rental agreement in the exercise of occupation or business |
| Damage from the lessor: | The property damage that the lessor suffers caused directly or indirectly as a result of: |
- damage (including a condition of the vehicle or parts thereof that not fit the pattern of normal use) or loss of the vehicle or its accessories or parts thereof, or any other subject of the lessor. This damage includes the replacement costs of the vehicle and the loss of rental income;
- injury to persons or goods caused with or by the vehicle, for which the lessor, the license plate holder or the liability insurer of the vehicle is liable.
Driver: The actual driver of the vehicle
Article 1: Determination of rent, other costs and duration of rent
1. The rental agreement is entered for the period and the rate as stated in the rental agreement or otherwise agreed in writing. Only after the express written permission granted by the lessor, the Lessee is allowed to return the vehicle at a time outside the lessor's opening hours. In that case, the Lessee remains liable for all damage incurred until the time the lessor actually received and inspected the vehicle.
2. The determination of the number of kilometers driven shall be based on the odometer. If the odometer has become faulty, it must be reported immediately to the lessor.
3. Refurbishment costs, retrieval and delivery costs, misfuelling costs and contract costs may be charged.
Article 2: Processing of personal data
Once Lessee enters into an agreement with Lessor, the personal data of Lessee is encrypted and securely stored. Lessor is obliged to store the data of Lessee for insurance purposes and in case Lessee commits an offence with the vehicle. The vehicle may be equipped with track & trace systems. This data is kept encrypted and cannot be accessed by third parties, but can be used by Lessor as evidence in case of accidents and breaches of the law. As a standard, this data is kept for one year, after which it can be erased at the request of Lessee.
Article 3: Extension of the rental period
The Lessee is obliged to return the vehicle to the company and address referred to in the rental agreement, on the day and time at which the rental period ends, unless the rental agreement has been extended before that date.
Article 4: Exceeding of the rental period
If the vehicle has not been returned to the lessor or to a third party agreed to in the rental agreement within the possibly extended rental period or with the consent of the lessor, the lessor is entitled to return the vehicle immediately. The Lessee obligations arising from this agreement shall remain in force until the vehicle is in the hands of the lessor, provided that the Lessee up to that time has an amount due of € 50,- per day (excl. BTW) on top of the rental amount, with part of a day shall be considered as a full day, without prejudice to the Lessee's responsibility to compensate for damage suffered by the lessor. This increase of € 50,- per day does not apply if the Lessee can prove that the overdue term of the rent is due to force majeure.
Article 5: Cancellation
1. Cancellation of the rental agreement is not possible unless the agreement includes a written cancellation provision.
2. Reservations can be cancelled free of charge up to 24 hours before the commencement of the rental period.
3. If a reservation is cancelled within 24 hours before the commencement of the rental period, 50% of the rental amount will be charged.
4. If the vehicle is not picked up (no show), the full rental amount will be charged.
Article 6: Payment
1. The lessor's debts are debts. Prior to the rental period, advance payment of the rent, as well as payment of a security deposit can be required. If the prepaid amount exceeds the rent payable, it shall also cover all other amounts that the Lessee possibly owes the lessor. The security deposit in return shall not be returned earlier than when the vehicle has been returned. In case of damage, the security deposit shall not be returned earlier than once it is clear that the amount of the damage exceeds the amount of excess, after which the security deposit amount of the excess less the amount of damage is returned.
2. The lessor is entitled to ask for payment security or a payment order by credit card of the Lessee at all times, both when entering into the rental agreement and a possible extension. Such authorization shall be irrevocable.
3. The payment shall, unless otherwise agreed, be effected immediately after the due date of the rental agreement. If the Lessee does not pay on time, he is in default. From the date of default, the Lessee owes the statutory interest on the outstanding amount, plus 2% on an annual basis, with a part of a month shall be considered as a full month.
4. If, after summation, the Lessee fails to pay the amount due, he is also entitled to compensate for collection costs. Collection costs include all costs incurred by the lessor, legal and other costs for the collection of the amount due with a minimum of 15% of the amount due or, if the amount due is less than € 500, - (VAT excl.), With a minimum of € 75, - (VAT excl.).
Article 7: Costs associated with the use of the vehicle
During the rental period, the costs associated with the use of the vehicle, such as tolls and the costs of fuel, cleaning and parking are at the expense of the Lessee.
Article 8: Use of the vehicle
1. The Lessee must carefully handle the vehicle and ensure that the vehicle is used in accordance with its intended purpose.
2. The Lessee is obliged to return the vehicle to the lessor in its original condition. The Lessee is obliged to cancel any changes or additions made by him or on his behalf; the Lessee shall not be entitled for any compensation.
3. The Lessee is obliged to carefully secure the vehicle's load.
4. Only persons who are referred to in the rental agreement as a driver - possibly also in the capacity of the Lessee - may drive the vehicle. The Lessee is not allowed to make the vehicle available to a person not listed as a driver on the front page of the contract.
5. The Lessee must ensure that all drivers have the competence and physical and mental condition required for driving the vehicle.
6. The Lessee is not allowed to rent the vehicle or in any way make it available for use, without the written permission of the lessor.
7. The Lessee is not allowed to rent the vehicle to third parties or create such impression.
8. If third parties enforce rights with regard to the vehicle, the Lessee must inform the lessor immediately.
9. The Lessee is not allowed to take lifters or animals in the vehicle, to use the vehicle for driving lessons or keep speed, driving or reliability tests.
10. The Lessee is not allowed to take the vehicle outside the borders of the Netherlands unless otherwise agreed in writing with the lessor.
11. The Lessee must keep all liquids and tire pressure at the required level and provide the vehicle for regular maintenance to the lessor.
12. The Lessee is obliged to return the vehicle clean. Infringement of this obligation may result in cleaning costs, with a minimum of € 25, - (excl. VAT).
13. The Lessee must refuel using fuel suitable for the vehicle.
14. In the case of damage or defects on the vehicle, the Lessee is not allowed to use the vehicle if this can cause the damage or defects to deteriorate further or if this compromises road safety.
15. The Lessee or driver is forbidden to use a mobile (smart) phone in the car. If it appears that the Lessee or driver has used a mobile (smart) phone at any time, the Lessee is legally and financially responsible for all damage to the vehicle, third parties and possible consequential damages and expires the deductible.
16. In case of any event from which damage may arise, the Lessee is obliged to:
a. To advise the lessor immediately by telephone;
b. To follow the instructions of the lessor;
c. To warn the police on the spot;
d. To provide all solicited and unsolicited information and all documents relating to the event to the lessor or to its insurer;
e. To submit a fully completed and signed declaration of damages to the lessor within 48 hours;
f. Refrain from any acknowledging of debt in any form;
g. Do not leave the vehicle without having it properly protected from the risk of damage or loss;
h. Provide the lessor and by the lessor designated persons all the requested cooperation for the purpose of obtaining compensation from third parties or against third party claims.
17. The Lessee is obliged to impose the obligations and prohibitions of this article by drivers, passengers and other users of the vehicle and to enforce it.
Article 9: Liability of the Lessee for damage
1. If there is no damage description of the vehicle drawn up between the parties, the Lessee is assumed to have received the vehicle in undamaged condition.
2. The Lessee is liable for all damage of the lessor caused by any event during the rental period or otherwise related to the rent of the vehicle, taking into account the following.
3. If an excess has been taken into account in the rental agreement, the liability of the Lessee for damage per loss is limited to the amount of the excess unless:
the damage has occurred during or as a result of acts or omissions in violation of article 7;
the damage has occurred as a result of off-road use or the use of the vehicle on a site for which the vehicle is apparently not suitable, or the Lessee or driver has been informed that entry is at his own risk;
- the damage has occurred with the consent of, or by the intentional or gross negligence by the Lessee;
- the vehicle is re rented to a third party, even with the permission of the lessor;
- damage due to any injury caused by or with the vehicle to third parties, and the Legal Liability Insurance which violates any provision from the policy terms. The policy conditions are available to the lessor for inspection and will be sent free of charge at the first request of the Lessee;
- damage caused by the vehicle being lost and/or vehicle keys or the operation (such as the license plate and the border documents) are not handed in to the lessor;
- damage due to the accomplished danger associated with the transport, storage, loading and unloading of hazardous, explosive, flammable, oxidizing or toxic substances;
4. Where there is mandatory or otherwise an insurance agreement for the risk of hull damage or against the risk of civil liability for the lessor or a third party, shall be without effect of the Lessee's liability.
5. In derogation from the agreed excess, counts a high excess risk of
- maximum € 1500, - for the Lessee who is a consumer;
- maximum € 5000, - for the Lessee who is a non-consumer;
for damage caused by damage to, or caused by any part of the vehicle located at a distance of more than 1 meter and 90 cm above ground, or applied to any part of the load that occurs above that height. If the vehicle is a van, truck or camper, the above-mentioned high excess also applies to damage resulting from damage to, or caused by any part of the vehicle or caused by any part of the load that occurs at a height of less than one meter ninety above the ground within a distance of 75 cm from the top of the vehicle or of the cargo overhead, provided that the damage is caused by a collision with that part of the vehicle or of the cargo.
6. If the damage is caused by any detriment caused with or by the vehicle, the extent of it shall be determined in advance by the amount of compensation paid directly to the injured person, possibly increased by other damage of the lessor.
7. The damage resulting from the impossibility of renting the vehicle during the period of repair or replacement shall be determined in advance, on the number of days involved in recovery or replacement by 10% due to the saving of variable costs.
8. In case of damage abroad, the cost of repatriation of the vehicle is at the expense of the lessor, unless there is a circumstance referred to in paragraph 3 of this article.
Article 10: Repairs of the vehicle
1. The Lessee is obliged to pay the cost of small repairs unless these has become necessary due to failure of the lessor in complying with his obligation to correct any faults.
2. Repairs must be carried out in the lessor’s business. If that is not reasonably possible, the work must be carried out by a garage company belonging to the dealer network of the importer of the relevant brand. The Lessee must obtain permission from the lessor before taking the vehicle for repairs.
3. At the first request of the lessor, the Lessee will offer the vehicle for periodic inspection or inspection.
Article 11: Damage to the vehicle and liability of the lessor
1. A defect in the vehicle that is not related to careless maintenance shall not be considered as a defect between the parties.
2. The lessor is only obliged to remedy defects if he knew or should have known these defects in entering into the rental agreement, as reasonably possible and if this does not require any expenses in the given circumstances.
3. In case of defects, the Lessee shall only be entitled to a reduction in the rental sum, if the Lessee knew or should have known the defects when entering into the rental contract.
4. The lessor is only liable for damage resulting from defects if he knew or should know the defects when entering into the rental agreement.
Article 12: Sanctions and measures imposed by government
For the account of the Lessee are all sanctions and consequences of measures imposed by the government related to the use or use of the vehicle, unless they are related to a defect already present at the start of the rental agreement.
If these sanctions and measures are imposed on the lessor, the Lessee is obliged to indemnify the lessor at his first request, whereby the Lessee is additionally owed the costs of collection, legal and otherwise, with a minimum of € 25, - (excl. VAT).
If the lessor related to any behavior or omission of the Lessee, such as a traffic violation, provides information to authorities, the Lessee is required to reimburse the associated costs, with a minimum of € 10, - (excl. VAT).
Article 13: Seizure of the vehicle
In the event of administrative, civil or criminal seizure of the vehicle, the Lessee shall continue to comply with the obligations of the rental agreement, including those for payment of the rental price until the time when the vehicle is released and in the possession of the lessor. The Lessee is obliged to indemnify the lessor for all costs incurred.
Article 14: Termination of the rental
The lessor is entitled to terminate the rental agreement without notice or legal intervention and to resume ownership of the vehicle, without prejudice to his right to compensation for costs, damages and interest if it appears that the Lessee during the rental period did not or will comply with one or more of the obligations of the rental agreement, in time or in full, if the Lessee dies, is declared to be invalid, is declared subject to the Debt Restructuring for Natural Persons Act, moved his place of residence or set abroad, seized the vehicle, or if the lessor appears during the rental period of circumstances, which are such that the lessor has been informed of that, he would not have entered into the rental agreement. The Lessee will give all the cooperation to the lessor to reinstate the vehicle.
The lessor is not liable for damage resulting from the termination of the rental agreement.
Article 15: Liability of the Lessee for conducts or negligence of others
The Lessee is liable for conducts and negligence of the driver, passengers and other users of the vehicle, even if they did not have the consent of the Lessee.
Article 16: Applicable law
The rental agreement is governed by the Dutch law at all times. If the case is submitted to a court other than the district court judge, only the court with jurisdiction in the lessor's place of business shall have jurisdiction, unless the Lessee decides in writing within one month after the lessor invokes to appeal this article, with a written notice according to the law, elects a competent court.
Article 17: Internet reservation
An internet reservation is not directly binding. The lessor will have to check if the desired rental car is available. Next, the lessor will send the Lessee a confirmation or cancellation within 24 hours of the reservation. At the same time, the lessor reserves the right not to issue the rental car at all times.
Autohopper Autoverhuur B.V.
BTW-nummer: NL854259168B01
KvK-nummer: 61222143