General terms and conditions
The tenant declares that he accepts these general rental conditions. The signatory of the present contract binds both himself and his possible principal. Any service may validly be made on the address given by the signatory of the contract, that of the tenant's residence or head office.
Art 1. Provision of the vehicle
Unless damage or mechanical defects are explicitly mentioned on the delivery document describing the condition of the vehicle, signed by the parties involved when handing over the vehicle, the hirer acknowledges that he has received a vehicle of which the bodywork and mechanics are in good condition, provided with the full equipment. The hirer bears responsibility for all accessories. Once signed, this receipt is binding. Should the hirer discover a mechanical problem during the rental period, he shall immediately stop using the vehicle and shall immediately contact the lessor in order to agree on the measures to be taken (e.g. returning the vehicle, immobilising the vehicle while awaiting the arrival of a mechanic, possible reimbursement of the rental fee, etc.). If the hirer fails to do so, he will be obliged to compensate all damage resulting from the use of the vehicle in this state.
Art. 2. Driving of the vehicle
a.) The vehicle must be driven by the driver mentioned on the contract under the heading "Customer details" and is intended for a maximum of 4 persons only. In the absence of specific clarifications, the hirer becomes the authorised driver. The latter must have a valid or at least the required driving licence recognised by Belgium. Driving licences in non-Roman alphabet must be accompanied by an international driving licence. b.) Subject to other restrictions or exceptions, the driver(s) must be at least 23 years old. c.) The hirer is fully liable for the proper execution of the contract and he will be held liable for any damage caused to the vehicle in accordance with the general and specific conditions of the hire contract. In case the vehicle has been entrusted to or used by an unauthorised driver, the hirer acknowledges that he assumes full responsibility towards both Invest-Mobile bvba and Visit Kinrooi vzw as well as towards third parties and acknowledges that he loses all the benefits of limitations of responsibility to which he has subscribed and which are described in the following paragraphs 5.2 to 5.2.4.
Art. 3. Use of the vehicle and obligations of the hirer.
With regard to the use of the vehicle, the hirer undertakes to: a) Comply with the laws and regulations in force, especially but without limitation, concerning traffic, parking, customs and transport. Any fine or other cost due for any infringement or violation has been notified to the hirer, the hirer shall owe - in addition to the amount of this infringement or violation - a sum of 40.00 euro ex VAT for administrative costs per infringement or violation, and this sum may increase to 80.00 euro ex VAT in case of non-payment within a period of 7 days. b. ) Not to use the vehicle in a state of drunkenness or under the influence of alcohol, narcotics, medicines or if he is unable to control his actions. c.) To use the vehicle as a good family man, which expressly but only by way of example excludes the use while driving of devices such as a walkman, a mobile phone that cannot be operated without hands, etc... d.) To use the vehicle for normal, ordinary and non-harmful use on passable, suitable asphalted or paved roads. The parties expressly agree, but only by way of example, that this excludes the following: the transport of dangerous, harmful, inflammable, explosive or corrosive substances; competitions, as well as their preparation, road tests and driving lessons; the use of the vehicle to push or pull any vehicle or trailer; the public transport of passengers or the transport of passengers for a fee, whether or not the fee has been expressly or tacitly fixed; the use of the vehicle for courier service. e.) Preferably using the vehicle only on the pre-programmed routes. f.) Not to make any publicity on the vehicle except with the written consent of the lessor. g.) Not to load the vehicle with goods that may damage it. h.) Not to make any alteration, even minimal, to the vehicle. i.) Not to sublet, entrust or surrender the vehicle free of charge or for consideration, nor to pledge or dispose of or otherwise dispose of the vehicle as collateral. j.) To take the most comprehensive precautions to avoid the vehicle being damaged, accosted or stolen. Failure to comply with these measures will put the hirer at risk of having to compensate the lessor for any resulting damage. Will be considered a serious fault, failure to comply with the following points: b.), e.) and f.). k.)If the electric trolley is rented for more than one day, the hirer is obliged to fully charge the batteries AFTER use.
Art. 4. Return of the vehicle
4.1 Return The vehicle remains in the custody of the hirer until it is returned. The return of the vehicle with the keys, tyres, documents and equipment - this is not an exhaustive list - is done in the hands of an authorised staff member of the lessor at the place and date as agreed and indicated on the contract and this during office opening hours. If this is not the case, the tenant will have to compensate Invest-Mobile bvba and Visit Kinrooi vzw for any new damage and/or thefts established by the landlord. Unless he would have communicated a certain damage to the lessor in accordance with the details on the document signed beforehand by the hirer and the lessor, called 'state of findings' , the hirer will, if he wishes, at the moment of returning the vehicle, have the possibility to proceed to a counter-inspection of the vehicle in order to determine the possible damage to the bodywork or the mechanics. 4.2 Extension of rental period Any extension of the scheduled rental period must be requested in writing to the lessor and accepted by the latter. The hirer who fails to return the vehicle at the time provided for in the contract, exposes himself to civil and criminal prosecution as well as to a continuation of the invoicing as provided for in the present contract without this implying a tacit extension of the contract. Furthermore, in such a case, the hirer authorises the lessor to repossess the vehicle immediately where it is located, subject to prior notice, and releases the lessor from any liability for any damage or costs resulting from such recovery, including the loss or damage to any object in the vehicle, except if such damage or loss was caused by intent or gross negligence on the part of the lessor or his employee, which the hirer must be able to prove. Taking into account the return obligations imposed on the lessor by his suppliers, the hirer undertakes to exchange the vehicle for a vehicle of the same category on the date fixed by the lessor. If no such exchange takes place on the scheduled date, the lessor reserves the right to recover the financial loss followed by the refusal to exchange from the hirer.
Art. 5. Insurance, liability and liability for damage or loss of the vehicle
5.1. The rental vehicle is insured for civil liability (BA) in accordance with the legal provisions and the Royal Decree of 14 December 1992 on the model contract. Civil liability: if the insured vehicle is hired by an individual, the driver specified in the hire contract must be at least 23 years of age and an exemption from the civil liability guarantee of EUR 500.00 applies. If the vehicle would nevertheless be driven by someone younger than 23, the exemption BA amounts to EUR 1,500.00 instead of EUR 500.00. 5.2. Theft, embezzlement, vandalism and theft cover: called 'TP'/'STP'. The hirer accepts full liability for the disappearance of the vehicle and/or parts, to the extent of the total value of the vehicle and/or of the costs associated with the recovery of the unreturned vehicle. 5.2.1. The hirer shall be liable for the loss of and/or any kind of damage to the vehicle during the rental until the vehicle is returned in accordance with the article 4 described above. The total value of the vehicle is available on simple request at the rental office. The responsibility restrictions apply per accident, i.e. per individual case. The renter agrees that all damages shall be paid from his remote sales credit card.
Art. 6. Payment
The renter undertakes to pay the following amounts in cash at the start of the rental of the vehicle, or as otherwise agreed . a.) The amount of the rental, calculated according to the current rate and based on the number of rental days.
Art. 7. Payment modalities
Via bank account to Visit Kinrooi or in cash.
Art. 8. Collection costs.
In addition to the penal clause and the negligence interest, the hirer will be held responsible for the costs of judicial collection as stipulated in the Act of 21 April 2007 and the Royal Decree of 26 October 2007.
Art. 9 Parking fine.
All parking fines are the responsibility of the tenant. The tenant agrees that all fines will be paid from his remote sales credit card.
Art. 10. Changes to the contract
Any changes made to the terms and conditions of this contract that have not been agreed in writing will be void and of no effect.
Art. 11. Nullity
The nullity of one or more clauses of the contract shall in no case entail the nullity of the other clauses or of the contract.
Art. 12. Jurisdiction of the courts
The contract is subject to Belgian law. Any dispute arising from it will be subject to the competent courts. Rental contract read and approved by the tenant.