General rental terms and Conditions
These General Terms and Conditions are applicable to all agreements entered into in respect of renting short lease cars of Mobility Service Nederland B.V. (hereinafter: “MSN”) a Dutch registered company with Chamber of Commerce number (KvK-nummer): 01126446 and are effective as of 1 June 2015.
In these terms and conditions the following words shall have the following meaning:
– Car: the car including any factory installed options and accessories or other property that is the subject (or forms a part of) of the rental agreement;
– Renter: the natural person or legal entity entering into a rental agreement as the party renting the car;
– MSN: a legal entity entering into a rental agreement as the party renting out the car;
– Rental agency damage: any financial loss suffered by the rental agency as a result of:
– damage to the car (including the car or its parts being in a condition incompatible with normal wear and tear) or loss of the car or its associated parts (including the keys, alarm installation, and documentation such as registration papers and international motor insurance documents) or any parts of such. This loss shall also include any costs incurred for the replacement of the car (or parts thereof) as well as the loss of rental income;
– damage inflicted on persons or property by or through the car, for which the rental agency, the party in whose name the car is registered or the liability insurer of the car is liable;
– Overhead damage: rental agency damage caused by a collision involving any part of the car situated more than 1.90 metres above the ground or by a collision involving property attached to the car at a point more than 1.90 metres above the ground;
– Driver: the actual driver of the car;
In writing: a document sent on paper or electronically;
WAM: Motor Insurance Liability Act (Wet Aansprakelijkheidsverzekering Motorrijtuigen)
section 1: the offer
1. Depending on the wishes of the renter, MSN shall submit an offer either in writing or verbally.
2. The offer shall be irrevocable for 14 days, with the exception of a situation of insufficient availability.
3. The offer shall contain a complete and accurate description of the rental period, the rental sum and the potential additional cost elements. Moreover, the offer shall stipulate the level of any personal excess and the possibility of commuting the personal excess, and detail any requirements regarding a deposit or other means of security.
4. The offer shall give details of the opening times of the rental agency and a telephone number on which it can be reached.
5. The offer shall stipulate the way in which payment is to be made and security provided.
6. If reasonably possible, the offer shall be accompanied by these General Terms and Conditions. If this is not possible, the General Terms and Conditions shall be handed over on conclusion of the agreement.
section 2: the agreement
1. The agreement shall come into effect once the offer has been accepted. A verbal agreement should be confirmed in writing by MSN.
2. The rental agreement shall be entered into for the period and at the rate stipulated in the rental agreement or otherwise agreed. The rental agreement shall also stipulate the times/dates of commencement and termination of the rental period.
3. On the grounds of section 8, paragraph 7, and with reference to section 11, paragraph 2, of these General Terms and Conditions, the rental agreement shall, if applicable, stipulate the maximum amount of liability limitation.
section 3: the rental price and price changes
1. The rental sum and any additional cost elements, such as price per kilometer, shall be agreed in advance, as shall any right to make interim price changes. MSN shall be responsible for ensuring that the rental sum is clearly stipulated on the rental agreement.
2. If prices should change within three months of the conclusion of the agreement, this shall have no effect on the agreed price. A consumer shall be entitled to dissolve the agreement if the price is raised after a three-month period following the conclusion of the agreement but prior to the commencement of the rental period, unless the rental agreement stipulates that the rental period shall commence later than three months after the conclusion of the agreement.
3. The second paragraph shall not apply to any price changes due to legislative changes, for example changes to the rate of VAT.
4. The number of kilometers driven shall be established on the basis of the odometer, unless the odometer is defective. Any kilometers driven after the odometer becomes defective shall be established in the most obvious way.
5. Throughout the rental period all the costs associated with car usage, such as tolls, fuel, oil, electricity, cleaning and parking shall be for the account of the renter.
6. Without prejudice to the obligation of the renter to pay compensation if grounds exist, the renter may not be charged for any costs which have not been agreed upon.
section 4: the rental period and exceeding the rental period
1. The renter shall be obliged to return the car to the address of the rental agency stipulated in the agreement, or to an alternative address agreed at a later stage, by
– at the latest – the date and time stipulated as the end of the rental period. During opening hours, the rental agency shall be obliged to accept the car.
2. Only with the permission of MSN may the car be returned to a place other than that agreed and/or returned outside opening hours.
3. Agreements in respect of the early return of the car within the agreed rental period are subject to confirmation.
4. Should the car not be returned in the agreed manner at the end of the rental agreement, or any extension to the agreement, the rental agency shall be entitled to take back the car immediately. The renter’s obligation by virtue of the agreement shall remain in force until the rental agency regains possession of the car.
5. If the car is not returned in time, the rental agency shall be entitled to charge the renter 120% of the daily rental price for each day that the rental period is exceeded. The increase in the rental price shall not be applicable if the renter can demonstrate that the period was exceeded as a result of force majeure.
section 5: Cancellation
1. If an agreement is cancelled, the renter shall be liable for the following cancellation costs:
a. Within first month of renting the car: two monthly rent terms
b. From the second month of renting the car: one monthly rent term.
2. Cancellation outside office hours shall be deemed to have occurred on the following calendar day.
section 6: payment
1. Advance payments of up to 50% of the rental sum may only be requested for rental agreements which have a commencement date within three months. On commencement of the rental period, a deposit may be requested.
2. The deposit shall be returned subject to settlement of any outstanding costs as soon as the car is returned, unless there is a question of damage for MSN. In the case of damage for MSN, the deposit shall be returned to the extent it exceeds the amount for which the renter is liable. This amount shall be returned as soon as it is clear that there is definitely a question of an excess. If there is only a question of damage to the car, the amount shall always be returned within 2 months; if there is (also) a question of third-party damage, it shall be returned within 6 months.
3. If the damage is caused by third parties and MSN has successfully recovered all the damages from these third parties, the deposit shall be returned within 14 days of the damages being recovered. MSN shall make every effort to ensure the damage caused by third parties is recovered as quickly as possible and shall keep the renter informed of developments.
4. Unless otherwise agreed, the rent must be paid upfront on a monthly base. Other amounts must be paid within ten days after receipt of the invoice.
The renter must pay the amount owed before the expire date. If the renter fails to do so, MSN will send a payment reminder which does not involve additional costs and which gives the renter the opportunity to pay the outstanding amount within fourteen days of receiving this payment reminder.
If payment still does not take place after the time period given by the payment reminder has expired, MSN has the right to charge interest from the moment the consumer is in default. This interest is equal to the statutory interest. A party may charge its counterparty any judicial and extrajudicial costs it must incur in order to enforce payment of a debt. The amount of these costs is subject to (statutory) limits. These limits may be deviated from to the consumer’s advantage.
section 7: renter’s obligations
1. Without prejudice to the provisions below, the renter must look after the car as befits a good renter and ensure that the car is used in accordance with the purposes for which it is intended.
Consequently, the renter shall be prohibited from using the car on an unsuitable circuit or terrain, or on any terrain in respect of which the renter or driver have been informed that entry to the terrain is at their own risk.
2. The renter must return the car to the rental agency in its original state. This means, among other things, that the renter must remove any changes or additions to the car made by him/her, or on his/her behalf, and do so in such a way that the car can be returned to the rental agency in its original state. The renter cannot claim any right to compensation in such situations.
3. The renter must ensure that any loads in or on the car are carefully secured.
4. Only the person (or persons) named as the driver (drivers) in the rental agreement may drive the car. The renter may not make the car available to any person not named as a driver in the rental agreement. The renter shall be responsible for ensuring that all the drivers named in the rental agreement are qualified to drive the car, and are both mentally and physically capable of driving the car.
5. The renter may not rent out the car.
6. The renter may not use the car to give driving lessons or to transport people in exchange for money other than for the benefit of ‘carpooling’, nor may the renter use the car to participate in competitions, or speed, driving skill or reliability tests.
7. The renter may not take the car outside the national borders of the Netherlands, unless this has been agreed in writing with MSN.
8. If the renter is aware or notices that the car is damaged or defective, the renter may not use the car if doing so could worsen the damage or defects, or reduce road safety.
9. The renter is obliged to impose all the obligations and prohibitions in this section on the driver, passengers and other users of the car and to supervise adherence to such. The renter, and any other person driving the car, is obliged to have a driver’s license valid in the Netherlands.
10. The renter must, among other things, take good care of the car’s keys, the operation of the alarm installation and the car’s documents (such as the car registration certificate and the international motor insurance documents).
section 8: instructions for the renter
1. The renter must ensure that the oil level and the tyre pressure are kept at the required levels and accede to any request from the rental agency to submit the car for service. Such requests shall be issued in good time so the renter can reasonably fulfil the request. If the rental period is a month or less, the renter shall not be obliged by the rental agency to submit the car for a routine service.
2. The renter must return the car in a clean state. Failure to observe this obligation could result in the renter being charged for the costs of cleaning, at a minimum charge of € 125 (including VAT).
3. The renter must fill the car with the fuel and, if necessary, any supplements specified as suitable by the rental agency.
4. Should the renter become aware of or notice that the car is defective or damaged or has caused damage, or should the car be missing, the renter shall be obliged to:
– give notification of this as soon as possible;
– follow the instructions issued by MSN;
– submit, whether or not on request, all the information and documents which relate to the incident to MSN or its insurer;
– ensure the car is not left behind without being suitably protected against the risk of damage or loss;
– cooperate with MSN or a person designated by MSN in order to acquire compensation from third parties or to provide a defense against the claims of third parties.
5. In the event of accidents, damage or loss, the renter shall also be obliged to:
– report the incident to the local police;
– submit a completed and signed damage claim form to MSN as quickly as possible.
6. The renter is obliged to impose all the obligations and prohibitions in this section on the driver, passengers and other users of the car and to supervise adherence to such.
7. The renter shall not be permitted to transport goods in the car which have a collective value in excess of € 15,000, unless otherwise agreed.
8. The renter should inform MSN as quickly as possible about:
– any malfunction in the working of the odometer, the cruise-control or the operational hour meter for the PTO and engine cooling system, as soon as the renter can reasonably deduce there is a malfunction;
– any breaks in the fuel system seal, as soon as the renter can reasonably deduce there could be a break;
– any incident which causes, or could reasonably cause, the car to be damaged, as well as any incident which is caused, or could reasonably be caused, by the car;
– the car malfunctioning;
– the loss, or the loss of control, of the car, its parts or associated components;
– any other circumstances about which MSN should, in all reasonableness, be informed.
9. If MSN is required to submit information to the authorities in respect of the identity of the person who was driving or using the car at a specific moment, the renter must respond to any related questions posed by the rental agency as quickly as possible.
section 9: obligations of MSN
1. At the time of delivery, MSN shall deliver a clean, well-serviced car, plus the agreed accessories and specifications; the car shall also be equipped with all the equipment compulsory in the Netherlands, have a full fuel tank.
2. If it is impossible to deliver a car from the agreed category, then, at the request of the renter, a car from a higher category shall be provided without the renter being charged any extra costs. A request for an upgrade cannot be fulfilled if the agreed car is already of the highest category.
3. Prior to the rental, the renter shall, together with MSN, sign a report indicating the damage to the car that already existed.
4. MSN shall handover all the required documents to the renter prior to the rental period.
5. MSN should ensure that the car contains instructions (in the Dutch language), as well as a list of telephone numbers to which the renter can report incidents both during and outside office hours.
6. MSN shall ensure that details of the type of fuel, and any other prescribed supplements, are clearly indicated on the car, preferably near the fuel tank opening.
7. The instructions should clearly state the oil level and tyre pressure to be maintained.
8. MSN shall ensure there is adequate breakdown help both in the Netherlands and abroad. Help shall only be applicable to breakdowns abroad if it has been agreed that the car may be used abroad.
9. At a minimum, adequate help shall be taken to mean that MSN offers a replacement car, as far as possible an equivalent car, if a malfunction in the car necessitates repair work which is expected to take longer than two working days. If the breakdown is attributable to the renter, the costs of the help shall
not be reimbursed by the rental agency.
10. Immediately on return, MSN shall inspect the car for any damage. This refers to situations when the car is returned to the rental agency from which the car was collected, as well as to situations when it is returned to a different office.
section 10: liability of the renter for damage
1. For each damage incident, the renter is liable for financial damage up to the level of personal excess stipulated in the rental agreement. In the event of overhead damage to cars weighing 3,500 kilograms or less, the personal excess is maximized at € 1,500, while all other damage incidents are maximized at € 1,000.
2. If however the damage is caused by any act or omission in contravention of section 8, the renter shall be fully liable for the damage, unless he/she proves that the act or omission was not attributable to him/her or complete compensation is unacceptable on the grounds of reasonableness and fairness.
3. If the car is returned outside MSN’s opening hours with the permission of MSN and/or is to be picked up by MSN from an agreed place other than the business premises of MSN, the renter shall, in accordance with paragraphs one or two of this section, remain liable for any damage until the time when MSN actually inspects the car, or has it inspected. In the situations described in the previous sentences, MSN shall inspect the car at the first opportunity and immediately inform the renter if any damage is discovered.
4. All terms and conditions of the insurer with respect to the legal liability (WAM) are applicable on the rental contract.
5. In the event of the car being damaged while it is abroad, the costs of repatriating the car shall be for the account of the rental agency, unless the second paragraph of this section is applicable.
6. The renter shall be liable for the actions and omissions of the driver, the passengers and any other users of the car, even if the renter has not given permission for them to use the car.
section 11: Defects to the car and liability of MSN
1. At the request of the renter, MSN shall be obliged to repair any defect, unless this is impossible or the required expenditure cannot, under the given circumstances, be reasonably expected of MSN. This obligation shall not be applicable if the renter is liable to MSN for the cause of the defect and/or for the consequences of the defect.
2. MSN shall not be liable for any defects of the car causing the goods being transported to be damaged to the extent the total value of the transported goods exceeds € 15,000, unless in accordance with the provisions in section 8, paragraph 7, a higher amount has been agreed. Regarding personal injury, MSN shall not be liable if and to the extent the injured party is able to recover his/her damages from a payment by virtue of general insurance or by virtue of other provisions.
3. The provisions in the previous paragraph shall not apply to the extent that it relates to defects of which MSN was or should have been aware at the time the agreement was entered into or to matters which are the result of misconduct or gross negligence on the part of MSN.
section 12: Government measures and information to the authorities
1. Any sanctions and consequences of government measures related to the renter having the car at his/her disposal or making use of the car shall be for the account of the renter, unless these are connected to a defect already present when the rental commenced or the sanctions are related to circumstances within the sphere of control of MSN.
2. Should these sanctions and measures be imposed on MSN, the renter shall indemnify MSN immediately, whereby the renter shall also be liable to pay administration costs, the minimum amount being € 25 (including VAT). MSN shall do its utmost to minimize these costs.
Should MSN be obliged to provide information to the authorities due to any act or omission on the part of the renter, such as a traffic offence, the renter shall be obliged to reimburse any associated costs, the minimum amount being € 10 (including VAT).
3. If requested, the renter shall be provided with a copy of the official document imposing the sanction.
section 13: attachment of the car
1. In the event of administrative, civil or criminal attachment of the car, the renter shall be obliged to fulfil the obligations of the rental agreement, including the payment of the rental sum, until the moment when the car, unencumbered with attachment, is once again in the possession of the rental agency, unless the attachment is related to circumstances which are within the sphere of control of MSN.
2. The renter shall be obliged to indemnify the rental agency for any costs resulting from the attachment.
section 14: Dissolution of the rental agreement
1. MSN shall be entitled to terminate the rental agreement without notice of default or judicial intervention and to repossess the car without prejudice to its rights to the reimbursement of costs, damages and interest if:
– during the rental period, it becomes apparent that the renter is not, not fully or not in time fulfilling one or more of the obligations arising from the agreement, unless the failure is such it does not justify dissolution;
– the renter dies, is placed under guardianship, files for suspension of payments, is declared bankrupt, or has the Debt Management Act (Wet
Schuldsanering Natuurlijke Personen) declared applicable to him/her.
2. The renter shall cooperate with MSN in every way so that the rental agency is able to regain possession of the car.
3. Should the renter die before commencement of the rental period, the rental agreement shall be dissolved without notice of default or judicial intervention.
4. MSN shall not be liable for damages as a result of dissolution on the grounds of this section.
section 15: Complaints
1. A complete and clear description of complaints regarding the execution of the rental agreement should be submitted to MSN promptly once the renter has discovered the alleged shortcoming. Failure to submit the complaint promptly could result in the renter losing any rights in the matter.
section 16: Dispute clause
1. Disputes between a renter who is not acting in the capacity of his/her profession or business and MSN regarding the conclusion or execution of an agreement pertaining to the goods or services to be provided by MSN, may be submitted by either the renter or MSN to:
the Geschillencommissie Autoverhuur (Dispute Committee Car Rental), Bordewijklaan 46, PO Box 90600, 2509 LP in The Hague (www.degeschillencommissie.nl).
2. A dispute shall only be handled by De Geschillencommissie if the complaint had first been promptly submitted to MSN by the renter.
3. If the renter was dissatisfied with the result achieved through mediation, the renter must submit the dispute to the Geschillencommissie within six weeks of having received notice of the outcome of the mediation. A renter who chooses not to go to mediation must submit the dispute to the Geschillencommissie within three months of the dispute arising. In such cases, there is a question of a dispute once the rental agency’s handling of the complaint has failed to satisfy the renter.
4. Once a renter submits a dispute to the Geschillencommissie, MSN is bound by this choice. If a rental agency wishes to submit a dispute to the Geschillencommissie, it must ask the renter to state within five weeks whether or not this proposal is acceptable. MSN should state at the same time that after the expiry of the five week period, it shall deem itself free to submit the dispute to the court.
5. The Geschillencommissie shall deliver judgement in accordance with the provisions of its own prevailing rules of procedure. By virtue of those rules of procedure, the decisions of the Geschillencommissie shall be by means of a binding third-party ruling. On request, the rules of procedure shall be provided. A fee is charged for the handling of a dispute
6. Only the court or the Geschillencommissie referred to above is authorised to take cognizance of a dispute.
section 17: registration of the personal details of the renter and the driver
1. The personal details specified in the agreement shall be registered in a register of personal data by MSN as the body responsible within the context of the Personal Data Protection Act (Wet bescherming persoonsgegevens). On the basis of this registration, MSN may implement section 12 of these Terms and Conditions, execute the agreement, provide an optimal service and up-to-date product information to the renter and the driver and make them personalised offers. The personal details may, moreover, be passed on to a court bailiff if there is a question of filling a fuel tank without paying.
Regarding the personal details registered, the renter and the driver may both submit requests for inspection and corrections and raise objections. Regarding direct mailing, any objections shall at all times be honored.
section 18: applicable law
The rental agreement shall be governed by Dutch law, unless on the grounds of mandatory rules of law, the law of another country is applicable.