GENERAL TERMS AND CONDITIONS

 

Content

 

Introduction

1) Agreement

2) Who is involved in the agreement

3) Conclusion of the agreement

3.1 In our hire stations

3.2 Via our website

3.2.1 Booking a vehicle via our website

3.2.2 Concluding the hire agreement via our website

4) Right of revocation

5) Cancellations

5.1 Cancellation of a booking

5.2 Cancellation of an Agreement

6) Security

7) Conditions to conclude the agreement/conditions to drive a vehicle

7.1 Conclusion of the agreement

7.2 To drive the vehicle

8) Duration of the agreement

8.1 Commencement of the Agreement

8.2 End of the Agreement

9) Vehicle

10) Determining the condition of the vehicle at the start of the agreement

11) Use of the vehicle

12) Mechanical damage and defects to the vehicle during use of the vehicle

12.1 General information

12.2 Maintenance

12.3 Mechanical damage and defects

13) Returning the vehicle

13.1 General

13.2 Return to hire station during opening hours

13.3 Return to hire station outside opening hours

13.4 Leaving the vehicle in a place other than a hire station with our consent

13.5 Leaving the vehicle in a place other than a hire station without our consent

14) Additional damage determined on return of the vehicle

15) Estimation of the cost of repairing the additional damage

15.1 Slight damage

15.2 Substantial damage

16) Liability for additional damage

17) Accident with the vehicle

18) Theft of the vehicle or parts thereof

19) Estimate of our damage in case of theft of the vehicle or parts thereof

20) Insurance policies and limitations of liability for damage and theft

20.1 Insurance policies

20.1.1 Third-party liability insurance

20.1.2 Insurance driver

20.2 Limitations of liability

20.2.1 General

20.2.2 Partial limitation of your liability for damage in case of accident, fire or vandalism (CDW1)

20.2.3 Extended partial limitation of your liability in case of accident, fire or vandalism (CDW2)

20.2.4 Full limitation of your liability for damage in case of accident, fire or vandalism (SCDW)

20.2.5 Partial limitation of your liability for damage suffered by us in case of theft - TP1

20.2.6 Full limitation of your liability for damage suffered by us in case of theft - TP2

20.2.7 Full Limitation of Liability for Tyre and Windshield Damage - TWP

20.2.8 Zero Risk Pack - SCDW+ TP2 + TWP

20.3 Combination driver's insurance and limitations of liability - Zero Risk Pack+ - SCDW + TP2 + TWP + PAI

20.4 Breakdown Assistance Cover

20.5 Exceptions

21) Fuel Options

21.1 Prepaid Fuel

21.2 Fuel Service

21.3 Limited Use Fuel Fee

22) Fines/charges and seizure of the vehicle

23) General Lease Liability

24) Payments

25) Personal Data

26) Connected Cars/Infotainment systems

27) Validity of terms and conditions

28) Competence

29) Language

 

 

Introduction

General Lease NV is a limited liability company (naamloze vennootschap) under Belgian law, having its registered office at 3700 Tongeren, Overhaamlaan 71, registered with the Crossroads Bank for Enterprises under number 0431.586.751 (hereinafter referred to as "General Lease").

General Lease trades under the trade name Enterprise - Rent a Car.

The agreement between you and General Lease is either a hire agreement or an availability agreement.

(Both types of agreement are hereinafter also referred to as "Agreement").

If, in case of an availability agreement you wish to continue using the vehicle after the initial period at the expense of the third party, after our consent, an agreement will be concluded directly between you and us in which you will be regarded as the hirer and the rates indicated and agreed in the Special terms and conditions will apply. In that case, you should contact us via either info@rentacar.be or by calling +32 12 390940 to further formalise the agreement and to pay the hire fees and any security.

Current terms and conditions are valid as of January 1, 2021. General Lease reserves the right to amend the general terms and conditions at any time, such amendments will have no effect on the agreements in force at that time.

 

 

Article 1: Agreement

The Agreement on the basis of which the vehicle is hired to you / made available to you consists of various documents:

  1. The Special terms and conditions: these are the terms and conditions specifically applicable to your agreement, such as but not limited to: indication of the vehicle concerned - duration of the agreement- price - permitted drivers - maximum liabilities - location where the vehicle must be left after use, etc.;
  2. Current General terms and conditions: these are the terms and conditions that apply to all Agreements, unless expressly agreed otherwise;
  3. Check-out form: this is the document on which the condition of the vehicle, both interior and exterior, is determined by both parties.

When concluding the Agreement, you will in any case be asked to sign these documents for approval.

In case of inconsistencies in the various documents, the above list should be considered as a ranking so that the special agreement always takes precedence over the more general one.

If you have any further questions about the services provided by us, the products offered, the scope and content of the website www.rentacar.be, the documents of the agreement (including these General terms and conditions), or complaints in connection therewith, you can contact our customer service department:

 

 

Article 2: Who is involved in the Agreement

The persons who can conclude an Agreement with us are the hirer or the rights holder.

The hirer is the person who concludes a Lease Agreement with us (hereinafter "Hirer"), the rights holder is the person to whom, within the context of an agreement with a third party, a vehicle is made available and, within that context, concludes an Availability agreement (hereinafter "Rights holder").

Persons permitted to drive the vehicle under the Agreement on any basis whatsoever (hereinafter "Permitted Driver").

The Agreement can either be signed by the Hirer or Rights holder, or by an appointee of the Hirer or Rights holder. This appointee is a representative of the Hirer or the Rights holder, such as, among others, the Permitted Driver.

If you sign the Agreement in the name of the Hirer, in the case of a hire agreement, or the Rights holder, in the case of an availability agreement, you accept all rights and obligations arising from this agreement and are jointly and severally liable with the Hirer or the Rights holder. In the context of this Agreement, this means you are jointly responsible.

Both the Hirer and the Rights holder, as well as the appointees of these persons (including the Permitted Drivers) are hereinafter referred to as "you".

 

 

Article 3: Conclusion of the Agreement

3.1 In our hire stations

You conclude the Agreement by signing, electronically or otherwise, the various documents that make up the Agreement (see article 1), the payment of the hire fees owed by you for the hire period and the provision of any security and finally the signing of the Check-out form.

The hire fees you owe and any security to be provided will be specified in the Special terms and conditions.

Only when the documents listed above have been signed by you, the hire fees have been paid, the possible security has been provided and the check-out form has been signed, the Agreement is concluded and the vehicle can be made available to you.

 

3.2 Via the website

Via our website you can either conclude a Hire agreement or book a vehicle.

 

3.2.1 Booking a vehicle via our website

Via our website you have the possibility to book a certain type of vehicle at the hire station of your choice at a certain date and time.

At the time of such booking, in addition to the desired type of vehicle, you indicate the time you want to use the vehicle as well as the duration of such use, as well as the desired "options" within the context of the Agreement, such as, for example, limitations of liability for your own damage and/or theft.

The hire price, based on the type of vehicle indicated by you, the duration of use and the options chosen will be communicated.

A vehicle of the chosen type will be made available at the hire station of your choice.

After payment of the hire fees due for the chosen period, the provision of any security and the signing of the provided contractual documents (Special terms and conditions and the check-out form drawn up by you together with our employee) as well as the express acceptance of our General terms and conditions, the Agreement will be concluded and the vehicle will be handed over to you.

 

3.2.2 Concluding the Hire agreement via our website

You can also conclude a Hire agreement via our website.

You then go through the steps described above to book a vehicle at the hire station of your choice.

As a final step, you then conclude the Hire agreement by electronically accepting the Agreement (Special terms and conditions, General terms and conditions and Information to the driver) and paying the hire fees for the Vehicle of your choice and any security by electronic means.

By electronic acceptance of the Agreement and payment of the hire fees and any security, you have definitively concluded a Hire agreement with us, which will commence at the time indicated by you at the time of concluding the Agreement.

The contractual documents, i.e. the Special terms and conditions, the General terms and conditions and the Information to the driver, are provided to you electronically.

When you arrive at your chosen hire station, the vehicle hired by you will be made available to you after the jointly checked assessment of the state of the vehicle and its signature, possibly electronically, by you and our employee.

In any event, unless we expressly agree otherwise, the Agreement will be deemed to commence at the time specified in the Agreement, even if you were to show up later or even if you do not show up.

 

 

Article 4: Right of revocation

On the basis of article VI 53 of the Economic Law Code 12°, no right of revocation is provided in relation to car hire services in the context of distance contracts.

This means that the agreement that you as a consumer reach with us, even if it concerns a distance contract (e.g. via our website), will not be revocable.

 

 

Article 5: Cancellations

5.1 Cancellation of a booking

A booking made can be cancelled free of charge up to 48 hours before the time for which it was made, if you cancel less than 48 hours before the time for which you made a booking you will have to pay the cancellation fee specified in the Price list. This cancellation fee will under no circumstances be higher than the hire price provided for your booking.

If you do not collect the vehicle one hour after the time for which you made the booking, this will be considered a cancellation and you will therefore be liable for the cancellation fee.

 

5.2 Cancellation of an Agreement

You can cancel the concluded Agreement, i.e. an Agreement for which the agreed hire fees have already been paid, free of charge up to 5 working days before the scheduled commencement thereof.

If you wish to cancel less than 5 working days before the scheduled commencement of the Agreement, the full hire fee will be due with a maximum of three days' hire.

 

 

Article 6: Security

Except in the event that this is expressly stated otherwise, you must provide a security when concluding the Agreement.

This security serves as a guarantee for your payment of all amounts due to us following the use of the vehicle, such as non-exhaustively, additional damages upon return of the vehicle, our damage in case of theft of the vehicle or parts thereof, additional hire fees, amounts due following the late return of the vehicle, costs incurred by us for the recovery of the vehicle, fines and charges incurred by you during the use of the vehicle.

The amount of the security to be made by you will depend on, among other things, but not limited to, the expected hire period, the estimate of the number of kilometres, the category of the vehicle, the limitations of liability specified in your Agreement (detailed below).

The concrete amount of the security to be provided by you is shown in our Price list and is included in the Special terms and conditions of the Agreement.

The security, if applicable, must be made by credit card.

We accept the following credit cards: Visa - Mastercard - American Express - etc.

The card you use to provide the security must be in your name.

Prepaid cards are not accepted under any circumstances.

The security is made by a so-called pre-authorisation on your credit card.  This means that the amount of the security will be reserved on your credit card but will not be transferred to us. However, you should bear in mind that the pre-authorisation will reduce the available balance of the credit card in question by this amount.

By concluding the Agreement you authorise us to charge the payment of the amounts due to your credit card.

We will only use the security for the actual amounts owed by you as a result of the Agreement which have not been paid.

Before we claim the security, we will notify you if the amount you owe results from a fine or charge attributable to you; this notification will be at least 24 hours in advance, for amounts owed on the basis of all other causes, this notification will be at least 3 working days in advance.

If you have met all obligations under the Agreement and the use of our Vehicle, we will take the necessary steps to unblock the security, or the balance thereof, with the credit card company so that this amount becomes available to you again. We have no influence on the time your credit card company will take to effectively perform this unblocking.

 

 

Article 7: Conditions to conclude an Agreement/Conditions to be allowed to drive a vehicle.

7.1 Conclusion of the Agreement

To conclude an Agreement, you must have the necessary legal capacity to do so.

In addition, you must have a credit card with an expiration date at least 30 days after the end of the agreement. For the hire of certain categories of cars, such as luxury cars, 2 credit cards are required. The attached Price list shows for which vehicles two credit cards are required.

We accept the following credit cards: Visa - Mastercard - American Express - etc.

General Lease does not accept Prepaid cards.

 

7.2 To drive the vehicle

To drive the Vehicle, you must either be the Hirer or Rights holder or be specified as a Permitted Driver in the Special terms and conditions of the Agreement.

You must have your identity card or passport with you and, in addition, you must have a driver's licence that is valid in Belgium as well as in all other countries where you will use the vehicle 12 months before the start of the agreement.

If your driver's licence is written in a language not commonly understood in Belgium and/or in letters other than the Latin alphabet, you must also have an international driver's licence in addition to your normal driver's licence.

If you are over 25, you do not have to meet any conditions other than those listed above.

If you are younger than 25, but older than 21, you may drive the vehicle if you meet the conditions set out above, subject to payment of a so-called "young driver surcharge", the amount of which is included in our enclosed generally applicable list of rates as well as on the website www.rentacar.be.

If you are under 21, you are not permitted to drive one of our vehicles.

In the case of availability agreements, the agreement between us and the person with whom you have an agreement under which the vehicle is made available may contain different conditions regarding the age from which you are allowed to drive our vehicles, with or without payment of the aforementioned "young driver surcharge".

If, within the context of the agreements between us and third parties on the basis of which a vehicle is made available to you (availability agreements), the deviating conditions for being permitted to drive one of our vehicles that may be specified in this agreement will apply.

 

 

Article 8: Duration of the Agreement

8.1 Commencement of the Agreement

The Agreement commences at the time specified in the Special terms and conditions of the Agreement and at the latest at the time that the vehicle is made available to you.

 

8.2 End of the Agreement

The Agreement ends at the time specified in the Special terms and conditions of the Agreement.

If you wish to use the vehicle for a longer period of time, you must renew the Agreement. To do so, you must contact us before the end of the Agreement to organise and agree on a possible renewal.

In the event of theft of the vehicle, the Agreement shall be considered terminated when you provide us with a certificate of complaint filed for theft (attest van klachtneerlegging wegens diefstal) to the competent Police Services.

If you do not renew the Agreement and you are more than 30 minutes late returning the Vehicle, an additional fee, to the amount of the hire price per day of the Vehicle in question, shall be charged for every 24 hour period that you are late. In addition, if you have not returned the vehicle within 24 hours of the end of the Agreement, we will regard this as theft and reserve the right to make a complaint to the competent police services in this respect.

Please note that if you continue to use the Vehicle after the end of the hire period specified in the Agreement, this Agreement will in no event be considered extended.

If you have not returned the vehicle within 24 hours after the end of the Agreement, we will launch a recovery procedure; we will in any case have the right to repossess the vehicle wherever we find it. In addition, you expressly authorise our employees to enter the premises and buildings used by you for this purpose.

The costs of this recovery procedure are (i) costs incurred as a result of the search, (ii) any costs relating to the transport and towing of the vehicle and (iii) administration costs. The prices for these costs are included in our Price list.

If you have not returned the vehicle 14 calendar days after the contractual end of the Agreement, we will consider the vehicle as stolen and will file a complaint accordingly, except if the non-return cannot be attributed to you, you have made the necessary declarations to the competent Police Services and you have informed us accordingly.

From the time that the vehicle had to be delivered in accordance with the Agreement, extended by the grace period of 30 minutes, the limitations of liability agreed in the Agreement will no longer apply.

In the event that you go bankrupt, are dissolved by court order or out of court, you are in a state of insolvency or you are admitted to the collective debt settlement procedure, we have the right to consider the Agreement as dissolved by operation of law and without prior notice to you; you must immediately return the vehicle to the hire station that made the vehicle available to you. If applicable, a settlement will be made of the hire fees and additional amounts due by you until the date that the vehicle has actually been returned to us after the dissolution. In the calculation of the hire fees due, we will take into account the normally applicable prices for the actual hire period, as they appear from our attached prices, which means the prices applied may be higher than those initially agreed.

In the event that you do not respect what we have agreed in the Special terms and conditions and the General terms and conditions of the Agreement when using our vehicle, we have the right to regard the Agreement as dissolved by operation of law and without having to give prior notice of default; you must immediately return the vehicle to the hire station that made the vehicle available to you. We are entitled to a fixed and irreducible compensation to the amount of 10 days rent, unless we can prove that our damage exceeds this amount. A settlement will be made of the hire fees and additional amounts due by you until the date that the vehicle is actually returned to us after the dissolution. In the calculation of the hire fees due, we will take into account the normally applicable prices for the actual hire period, as they appear from our attached prices, which means the prices applied may be higher than those initially agreed. Moreover, you will not be able to claim any special discounts or promotional prices.

If you have several Agreements with us at the same time and we terminate one Agreement at your expense for one of the above reasons, we are entitled to terminate the other Agreements as well.

 

 

Article 9:  Vehicle

We provide a vehicle suitable for the purpose for which it is intended, in a normal state of operation, correctly functioning and in full compliance with the laws and regulations applicable in Belgium.

If you are going to use the vehicle outside Belgium, it is your responsibility to check whether the vehicle may be used in accordance with the agreement in the country(ies) concerned and whether the vehicle complies with the laws and regulations applicable in this (these) country(ies).

In principle, our vehicles are not equipped with winter tyres.

You may not make any changes to the vehicle of any kind during use, except with our prior written consent.

These changes include, but are not limited to, stickers, signs, luggage racks, bicycle racks, high chairs, etcetera.

If you concluded the Agreement prior to collecting the Vehicle and we were not to have the Vehicle available at the start of the hire period, when you collect the Vehicle, we will, except in cases of force majeure, endeavour to offer you a suitable alternative. If we are unable to provide a reasonable alternative, we will refund all reasonable direct costs incurred by you such as, but not limited to, the difference in hire price for a similar vehicle, with similar additional services and options, from another hire company.

We may at any time during the term of the Agreement ask you to exchange the vehicle used by you for another vehicle in the event that the period during which we will use the vehicle in the context of our activities comes to an end. We make every effort to avoid this as much as possible and this will usually occur in the case of Agreements that have been extended. We will inform you in good time if such a change needs to be made and discuss with you how this can be done in the easiest way.

If you do not carry out the requested change of vehicle, this can cause us considerable damage which we will recover from you.

 

 

Article 10: Determining the condition of the vehicle at the start of the agreement

In any case, the vehicle will be handed over to you with the legally required car papers, the legally required safety equipment (fire extinguisher, safety sticker and warning triangle) and a spare wheel or repair kit.

At the start of the Agreement, the condition of the vehicle, both interior and exterior, will be determined jointly by you and our employee.

These findings of the condition of the vehicle are recorded in the so-called check-out form; this form is signed by both you and our employee and forms part of the Agreement.

Since at the end of the Agreement you must return the vehicle in the same condition as you received it, it is particularly important that you pay due attention to the damage assessment and to drawing up the check-out form.

In some circumstances, it may be difficult to detect minor damage immediately upon delivery of the vehicle to you. Therefore, you can report minor additional damage (<4cm?) which were not detected when the check-out form was drawn up during the first 4 working hours   after taking receipt of the vehicle. You can report this by calling us at +32 12 390940 or by sending an email to info@rentacar.be.

If no additional damage is reported within 4 working hours of taking receipt of the vehicle, it is assumed that you have received the vehicle in the condition described in the check-out form.

 

 

Article 11: Use of the vehicle

You must use the vehicle with due care, i.e. normal, careful use, and for the purpose for which the vehicle is intended.

Our vehicle may only be used by the Hirer, the Rights holder or the Permitted Driver(s) to the exclusion of all others.

For the duration of the Agreement, you are fully responsible for its use.

When using the vehicle, in addition to the provisions of the Agreement, you must strictly respect the applicable traffic regulations in the regions where you will use the vehicle.

These regional laws may lay down a number of restrictions related to the use of the vehicle, including but not limited to:

We expressly draw your attention to the fact that our vehicles are not fitted with winter tyres, unless expressly stated otherwise in the Special terms and conditions, and that they may therefore not be used in those countries that lay down compulsory use of winter tyres during the period in which this obligation applies. Similarly, vehicles without winter tyres may not be used in those countries where the applicable regulations stipulate that, in the absence of winter tyres, extensive liability will apply during the periods specified in those regulations.

Our fleet is completely smoke free, so it is absolutely not allowed to smoke in our vehicles or let your passengers smoke. If it is determined that you have smoked in the vehicle during the hire period, we will carry out a chemical interior cleaning, the cost of which, as specified in our Price list, will be at your expense.

If the vehicle is made available to you with unlimited mileage, "unlimited" refers to normal use of the vehicle, i.e. a maximum average of 500 km per day and a maximum of 10,000 km per month.

In all other cases, the maximum number of kilometres specified in the agreement will be included in the Special terms and conditions of the Agreement.

If these limits are exceeded, an additional fee will be due per additional kilometre as indicated on the website.

If you wish to use the vehicle outside Belgium, you must notify us in advance.

This prior notice must be given either by calling +32 12 390940 or by email to info@rentacar.be; we will inform you of any additional restrictions or obligations relating to the use of the vehicles in the countries concerned.

After such prior notice, you can use the vehicle in Austria, Andorra, Switzerland, Germany, Denmark, Spain, France, Finland, the United Kingdom, Greece, Italy, Ireland, Luxembourg, Norway, Portugal, Sweden and the Netherlands.

Use of the vehicles outside these countries is not permitted anyway.

Finally, unless expressly agreed otherwise, it is forbidden to use our vehicle:

  1. To push or tow any other object;
  2. For illegal purposes;
  3. For subletting, pledging or alienating in any way, in whole or in part;
  4. For speed tests or other competitions;
  5. For more persons than permitted according to the registration certificate;
  6. For paid passenger transport or the equivalent, except in the case of commercial vehicles and own staff;
  7. For the transport of live and/or deceased animals, except with the express prior written consent of General Lease.
  8. For courier services;
  9. With a roof box, luggage carrier or similar, unless provided by us;
  10. For transport of heavy objects (taking into account the load capacity of the vehicle concerned), highly inflammable and dangerous products or products that make non-removable stains;
  11. For the transport of any goods that, due to their smell or condition, may damage the vehicle or require extensive treatment after use which means the vehicle cannot immediately be used again within the context of our activities;
  12. For education purposes;
  13. For off road use, i.e. any use outside the public highway (with the exception of building entrances and exits as well as car parks);
  14. If for any reason you are in a mental or physical state that does not allow you to drive the vehicle with due care;
  15. Under the influence of alcohol, drugs or medication;
  16. For committing crimes;
  17. In places not accessible to general traffic;

In case you use our vehicle contrary to the provisions of the Agreement, we have the right to consider it legally dissolved and without prior notice, in which case you will owe us compensation to the amount of 10 days hire, all this increased with the settlement of the amounts owed to us in accordance with the Agreement.

 

 

Article 12: Maintenance of the vehicle and mechanical damage and defects to the vehicle during use of the vehicle

12.1 General

We make every effort to provide you with a vehicle that is mechanically completely in order and functioning correctly.

You must pay attention to the proper functioning of the vehicle and, in any case, heed the signals you receive on the indicator lights in the dashboard of the vehicle and the on-board computer.

As with your own vehicle, you should perform all daily fluid level checks prescribed by the vehicle manufacturer with due care.

When using our vehicles in Belgium and the other European countries for which we have given permission, you can call upon the assistance of a breakdown service company 24/7 by calling +32 12 390940 in the event of a breakdown en route.

This free breakdown service does not apply in the event of engine failure due to misfuelling, empty fuel tank, defect or loss of key/key card, flat battery and flat tyre.

In these cases, in addition to the administration fee for handling the file, both included in our Price list, the fixed estimated costs will be charged to you.

For all these exceptions, except for engine failure due to misfuelling, you can take out an additional insurance referred to as Breakdown Assistance Cover. In that case, assistance will also be provided for these cases of breakdown on the road (except for engine failure due to misfuelling) and you will only have to pay the administration fees for handling the file as listed in our Price list.

If the Breakdown Assistance Cover applies, this will be indicated in the special terms and conditions of the agreement.

The terms and conditions of this additional Breakdown Assistance Cover are set out in Article 20.4 of these general terms and conditions.

 

12.2 Maintenance

As with your own vehicle, you must ensure that the maintenance intervals prescribed by the vehicle manufacturer are respected. These maintenance intervals are indicated in the maintenance booklet and/or the markings on the dashboard of the vehicle.

If the vehicle is due for maintenance, please notify us (by email to info@rentacar.be or by calling +32 12 390940). We will then schedule maintenance for the vehicle and make the necessary arrangements with you.

 

12.3 Mechanical damage and defects

If, while driving the vehicle, you notice a defect or mechanical damage, you must immediately take the appropriate measures to avoid greater or additional damage.

This means, among other things, stopping the vehicle immediately and shutting off the engine in case of a red warning light on the dashboard.

All costs for maintenance and repair of the vehicle will be paid by us, except if they are due to your fault or negligence, for example, non-restrictive, engine damage due to lack of engine oil or coolant, use of the wrong fuel, damage due to overloading, late replenishment of the "ad blue" fluid.

In case of damage or defect to the vehicle, you must inform us immediately by email to info@rentacar.be or by calling +32 12 390940. We will then provide you with the necessary instructions for repairing the vehicle.

Under no circumstances are you allowed to carry out repairs to the vehicle yourself and/or to have repairs carried out on the vehicle on your own initiative without consulting us (even by authorised repairers of the make of the vehicle).

In the exceptional case that we cannot provide a solution within a short period of time, you have the possibility to take the necessary steps yourself. All initiatives in this respect should be taken with due care, taking into account, among other things, the vehicle manufacturer's warranty regulations as they appear from the maintenance booklet present in the vehicle, as well as the execution of the repair by an authorised repairer of the make in question. In any case, all steps taken by you should always be in constant consultation with us.

 

 

Article 13: Returning the vehicle

13.1 General

At the end of the Agreement, you must return the vehicle to us, except where expressly agreed otherwise, at the hire station that made the vehicle available to you.

If it is agreed with you that you may return the vehicle to a different hire station than the one that made the vehicle available, a so-called "one way drop off fee" may be charged; the amounts of this fee are specified in our attached Price list.

In no event shall we be liable for any loss, theft or damage of any kind to or of any items you left in our vehicle.

If we find your personal items in the vehicle after you returned it, we will notify you.

We will keep these items at your disposal for collection for a period of one calendar month. If you send someone else to collect the items, that person must present their ID card and a signed declaration that they may take the items on your behalf.

If desired, the objects can also be sent to an address of your choice after prior payment of the related costs.

If the objects have not been collected after one month, or if you have not made the prior payment for the shipment within that period, they will be destroyed, except in the case of official documents (e.g. ID card or driver's licence), if they are official documents, they will be handed over to the local police services.

You must return the vehicle with the same level of fuel as you received it. If the vehicle is delivered with a lower level of fuel, a fee will be payable depending on the fuel option chosen as listed under "Fuel Options".

You must return the vehicle in clean condition, both the interior and exterior. If the vehicle has to be cleaned by you when you return it, you will be charged for the cost of this, as included in our Price list.

If the interior is heavily soiled, a chemical cleaning of the interior will be carried out and the costs will also be charged to you.

 

13.2 Return to hire station during opening hours

The hire will be stopped as soon as you present the vehicle for return to our hire station and the collection formalities are started; from this moment you will no longer be responsible for this vehicle.

If you return the vehicle before the scheduled end of the Agreement, this does not entitle you to a refund of part of the paid hire fee.

As with the return of the vehicle, a jointly checked assessment of the state of the vehicle will be drawn up with you, both as regards the interior and exterior of the vehicle. We will also check whether the legally required car papers, the safety equipment (fire extinguisher, high-vis vest and warning triangle) and the spare wheel or repair kit are still present.

All this will be recorded on the so-called check-in form that will be signed by you and our employee.

If you do not wish to wait or participate in the joint preparation of the check-in form when returning the vehicle or if the vehicle is too dirty to properly determine the condition of the vehicle and you do not wish to wait for the cleaning, the assessment of the vehicle cannot be prepared in your presence.

In this case, you agree that the assessment of the vehicle and the determination that the legally required car papers, the safety equipment (fire extinguisher, high-vis vest and warning triangle) and spare wheel or repair kit are still present will be carried out unilaterally by one of our employees.

In case the determination of the assessment of the vehicle cannot be performed due to the fact that the vehicle is too dirty, we offer you the possibility to jointly determine the easily visible damages or lack of car papers/safety equipment/ spare wheel or repair kit, whereby the check-in form will indicate that the vehicle was too dirty for a detailed damage determination.

If additional damage is found to the exterior and/or interior of the vehicle, during this unilateral inspection carried out by an employee, we will inform you of this in writing. We will take the necessary photos to support this, if any, which will also be delivered to you.

If you cannot agree with the findings made, you have the option of having a counter-assessment carried out on the vehicle by an car expert appointed by mutual agreement.

You agree that this expert's findings regarding the damage to the vehicle and the related repair costs are final and cannot be further disputed by either you or us.

The appointed car expert will determine to what extent the costs of the expertise will have to be borne by whom.

In case you wish to do so, you have a period of 10 calendar days, after we have notified you in writing of the additional damage found, to notify us that you wish to make use of that right. If necessary, we will invite you for this assessment at a date and time to be determined by us.

In the event that the car expert confirms the original findings, and you are therefore found to be in the wrong, you will be charged an additional compensation for the loss of use and administrative processing of 10 calendar days' hire.

 

13.3 Return to the hire station outside opening hours

As a rule, our vehicles must be returned during the opening hours of the hire station.

In case you return the vehicle with our consent outside the opening hours of the hire station, we ask you to inform us (either by email to info@rentacar.be or by calling +32 12 390940) of the time when you will return the vehicle. Your use of the vehicle will be deemed terminated at that time, with the understanding that the agreement will always be deemed to have ended at least two hours after the opening of the hire station on the working day following the day the vehicle was returned.

In the event you fail to report the time you returned the vehicle to our hire station or you leave the vehicle with a hire station without our consent, the use of the vehicle will be deemed terminated at the time we actually take delivery of the vehicle, and no later than noon the next working day.

You remain responsible for the vehicle, even if you return the vehicle to a hire station outside opening hours with our consent, until we actually take delivery of it, which is at the opening of the hire station the next working day.

If you return the vehicle, with or without our consent, to a hire station outside opening hours, no assessment of the vehicle can be made in your presence.

In this case, you agree that the assessment of the vehicle and determining that the legally required on-board documents, the safety equipment (fire extinguisher, high-vis vest and warning triangle) and spare wheel or repair kit are still present will be carried out by one of our employees.

If any additional damage is found to the exterior and/or interior of the vehicle, during this inspection carried out by an employee, we will inform you of this in writing. We will take the necessary photos to support this, if any, which will also be delivered to you.

If you cannot agree with the findings made, you have the option of having a counter-assessment carried out on the vehicle by an car expert appointed by mutual agreement.

You agree that this expert's findings regarding the damage to the vehicle and the related repair costs are final and cannot be further disputed by either you or us.

The appointed car expert will determine to what extent the costs of the expertise will have to be borne by whom.

In case you wish to do so, you have a period of 10 calendar days, after we have notified you in writing of the additional damage found, to notify us that you wish to make use of that right.

 

13.4 Leaving the vehicle in a place other than a hire station with our consent;

As a rule, you must return our vehicle to a hire station, in exceptional cases there may be an agreement that you leave the vehicle elsewhere at the end of the Agreement, e.g. a replacement vehicle left with the repairer of your own vehicle. Any compensation due for this will be included in the Special terms and conditions of the Agreement.

In case you leave the vehicle with our consent at a location other than the hire station, we ask you to inform us (either by email to info@rentacar.be or by calling +32 12 390940) of the time when you will return the vehicle. Your use of the vehicle as well as the agreement will be deemed terminated at that time.

In the event you fail to report that you left the vehicle at a location other than the hire station, the use of the vehicle will be deemed terminated at the time we actually take delivery of the vehicle, i.e. this is the time we take possession of the vehicle in the location where you left it.  You should note that 24 hours after the termination of the Agreement without notification of where our vehicle is located, we reserve the right to consider the vehicle stolen and file a complaint accordingly.

Even if you leave the vehicle at a location other than a hire station with our consent, you remain responsible for the vehicle until we actually take receipt of it.

If you agree to leave the vehicle at a location other than a hire station, you may authorise a person on site (for example, the garage owner who repaired your own vehicle and where you left our vehicle), together with our employee, to assess the vehicle at the time we collect it there. The assessment of the vehicle thus made is considered to be a jointly checked assessment.

In case you have not given this authority to a person on site, or this was impossible, you agree that the assessment of the vehicle and determining that the legally required car papers, the safety equipment (fire extinguisher, high-vis vest and warning triangle) and spare wheel or repair kit are still present, will be carried out by one of our employees when picking up the vehicle.

If any additional damage is found to the exterior and/or interior of the vehicle, during this inspection carried out by an employee, we will inform you of this in writing. We will take the necessary photos to support this, if any, which will also be delivered to you.

If you cannot agree with the findings made, you have the option of having a counter-assessment carried out on the vehicle by an car expert appointed by mutual agreement.

You agree that this expert's findings regarding the damage to the vehicle and the related repair costs are final and cannot be further disputed by either you or us.

The appointed car expert will determine to what extent the costs of the expertise will have to be borne by whom.

In case you wish to do so, you have a period of 10 calendar days, after we have notified you in writing of the additional damage found, to notify us that you wish to make use of that right.

In any event, if our employee does not find the vehicle at the location indicated by you, for example, because it is not the correct location or you have not yet left the vehicle there, you will continue to be liable for the vehicle until such time as we are able to recover it and until then you will owe a fee to the amount of the normal hire fee of the vehicle. If our employee has to make a second attempt to recover the vehicle you will have to pay the cost of this; the amount of this cost is included in our Price list.

 

13.5 Leaving the vehicle in a place other than a hire station without our consent.

If you leave the vehicle that you normally had to return to a hire station without our consent at another location, we ask you to inform us (either by email to info@rentacar.be or by calling +32 12 390940) of the time and location where will leave the vehicle.

In this way we can ensure that the vehicle is collected as soon as possible by our services.

If you leave the vehicle in this way outside a hire station, your use of the vehicle will not be considered terminated until we actually have possession of the vehicle again. 

The rule that we regard the vehicle as stolen, and accordingly will file a complaint, if we have not received notification of where the vehicle is located 24 hours after the end of the Agreement remains applicable here of course.

You remain responsible for the vehicle until it is in our possession again.

By leaving the vehicle without our consent, you agree that the condition of the vehicle and determining that the legally required car papers, safety equipment (fire extinguisher, high-vis vest and warning triangle) and spare wheel or repair kit are still present will be carried out by one of our employees when collecting the vehicle.

If any additional damage is found to the exterior and/or interior of the vehicle, during this inspection carried out by an employee, we will inform you of this in writing. We will take the necessary photos to support this, if any, which will also be delivered to you.

If you cannot agree with the findings made, you have the option of having a counter-assessment carried out on the vehicle by an car expert appointed by mutual agreement.

You agree that this expert's findings regarding the damage to the vehicle and the related repair costs are final and cannot be further disputed by either you or us.

The appointed car expert will determine to what extent the costs of the expertise will have to be borne by whom.

In case you wish to do so, you have a period of 10 calendar days, after we have notified you in writing of the additional damage found, to notify us that you wish to make use of that right.

The costs that will be charged by us for recovering the vehicle are included in our Price list; these will of course depend on the place where we need to collect the vehicle.

 

 

Article 14:  Additional damage determined on return of the vehicle to General Lease

If, after use of the vehicle by you, it has been definitively established that there is additional damage to the vehicle and/or that car papers, safety equipment or spare wheel/repair kit are missing, you are liable for this.

Additional damage shall be understood to mean any damage to the vehicle, both interior and exterior, that was not present when you took receipt of the vehicle.

To determine these damage, the check-out form signed by you and our employee is compared with the final check-in form.

 

 

Article 15: Estimation of the cost of repairing the additional damage

On the basis of the final damage assessment, the extent of the damage to the vehicle is determined.

We distinguish two types of damage, i.e. minor damage and substantial damage.

 

15.1 Minor damage:

Minor damage refers to minor, rather aesthetic damage, which does not affect normal use of the vehicle, for example, non-exhaustively, small scratches, small dents, gravel, minor damage to the interior.

The estimate of the repair cost is based on the "minor damage rates" as included in our attached Price list.

In addition to the pure cost of repairing the damage, an administration fee will also be charged for the administrative handling of the repair, the amount of this fee is also included in our attached Price list.

The estimate of the repair cost of the damage and the administration fee will be included on the check-in form in case of so-called minor damage.

 

15.2 Substantial damage:

Substantial damage refers to the damage as a result of which the vehicle cannot be used anymore in a normal way. If such damage occurs, the vehicle will therefore be immobilised.

The estimation of substantial damage is done on the basis of the "minor damages rates" as included in the Price list. These concern minor damage that result in immobilisation of the vehicle.

The estimate of the repair cost of the other substantial damage not included in the "minor damages rates" as included in the Price list is carried out by our repair garage and will be carried out on the basis of the "Informex system". Informex is a widely accepted and used automated system in the insurance and body repair industry to determine vehicle repair costs.

In addition to the pure cost of repairing the damage, an administrative fee for the administrative handling of the repair will also be charged, as well as a compensation for the unavailability of the vehicle for hire; the amounts of both additional fees are included in our attached Price list and finally, if applicable, the transport costs from the place of accident to the place of repair.

Because the cost of repairing the vehicle has to be budgeted, the repair garage cannot be budgeted at the time the check-in form is drawn up and you will only be informed by us of the amounts established in that context later.

 

 

Article 16: Liability for additional damage to the vehicle

If additional damage to the vehicle is the result of an accident involving third parties, the liability for this damage depends on the liability for the accident.

In other words, you are not liable for the damage if a third party is liable for the accident.

Until such time that there is certainty as to the liability for the accident, either due to a decision of the insurance companies involved or due to a final decision of the competent court, we will always charge the maximum liability stipulated in the special terms and conditions. As soon as it is established that the accident is not your fault, the amounts thus invoiced will be credited and the collected payments will be refunded to you.

If it concerns damage as a result of an accident in which you are at fault or damage as a result of an accident in which no third parties are involved, a so-called own loss, you are responsible for compensation of this damage to the vehicle, calculated as described in article 14 of these terms and conditions. In addition, in case of an accident in which you are at fault, you will also have to pay the excess third-part liability specified in the insurance in the hands of General Lease.

Depending on the limitation of liability you have subscribed to, as included in the Special terms and conditions, you may be required to pay only part or none of the determined damage.

The various possibilities relating to the limitation of your liability for damage to our vehicles and the conditions and modalities thereof are listed under "article 20: Insurance and Limitations of Liability for Damage and Theft" of these Terms and Conditions set forth.

 

 

Article 17: Accident with the vehicle

If you have an accident with the vehicle, please complete the collision form provided in the vehicle.

In case of an accident with injuries and in case of problems filling out the collision form together with the other party, you should always inform the Police Services so that they can make the necessary findings.

You must send us a copy of the collision form on the same day as well as, if the Police Services have intervened, a copy of the official report drawn up by them.

You are absolutely not allowed to accept any responsibility on our part.

If you (i) fail to complete the collision form and/or submit this collision form to us, or (ii) fail to have the competent police authorities draw up a report in the event of an accident with injuries or in the event of problems with the other party in filling out the collision form and/or submitting this report to us, you will owe us compensation as set out in our Price list for the additional administrative work we would have to undertake in that case, and you will also be held liable for any additional damage we would suffer as a result of your negligence.

 

 

Article 18: Theft of the vehicle or parts thereof

In the event of theft of our vehicle, or parts thereof, you must immediately, and at the latest within 2 hours after you have discovered the theft, notify both us and the competent police services.

In the notification to us, you must in any case report the circumstances, place and time of the theft, as well as the number of the official report and the details of the acting Police Service.

It is important to notify us as soon as possible after the theft of the vehicle or parts thereof has been established as this will allow us to start our internal procedures for recovering the vehicle. Late reporting significantly reduces the chances of vehicle recovery by our services.

You must take all measures to prevent theft of the vehicle and/or parts thereof, including, but not limited to, locking the vehicle at all times, switching on built-in anti-theft devices, not handing over or leaving keys (or key cards) of the vehicle unattended, leaving no objects inside the vehicle. If you do not take all measures to prevent theft of the vehicle or parts thereof, all limitations of your liability in the event of theft of the vehicle as specified in the agreement will lapse and therefore not apply. As a result, you will be liable for all damage suffered by us as a result of such theft.

We will do everything possible to recover the stolen vehicle and/or the stolen parts.

If, despite all our efforts, we have not been able to recover the vehicle within two months of its theft, it will be considered as definitively stolen.

 

 

Article 19: Estimate of our damage in case of theft of the vehicle or parts thereof

The damage suffered by us in the event of theft of the vehicle or parts thereof is threefold, (i) the cost of replacement of the stolen vehicle or parts thereof, (ii) the loss of hire income of the vehicle or of the stolen parts if hired separately (such as, but not limited to, roof racks, child seats, etc.) and (iii) a processing fee to cover our costs for the administrative processing of the accident.

The cost of replacing the vehicle will be calculated on the basis of the vehicle list price in question at the time of theft on the one hand and the age of the vehicle on the other hand. The basis will be the vehicle list price in question - 12%, with a depreciation of 1% for each month of age of the vehicle.

The loss of hire income is determined at 9 days hire of the stolen vehicle and/or the stolen parts in accordance with the prices at the time of the theft.

The processing fee to cover our costs for the administrative processing of the accident is included in our Price list.

 

 

Article 20: Insurance policies and limitations of liability for damage and theft

20.1 Insurance policies

20.1.1 Third-party Liability Insurance

Everyone who is entitled to drive our vehicles has third-party liability insurance under Belgian law during the term of the Agreement.

This insurance fully covers your third-party liability risk when driving the vehicle.

The third-party liability policy (Ethias) provides excess, the amount of which is set out in the attached Price list.

If you are involved in an accident in which you are at fault, you will owe this excess to the insurance company.

Any recourse by the insurance company in case of an accident in which you have made a serious error, such as, but not limited to, accidents under the influence of alcohol, drugs or medication, will always be at your expense.

This insurance is in any case included in the Agreement.

The possible excess within the context of the third-party liability insurance is included in our Price list.

 

20.1.2 Insurance driver

The third-party liability insurance does not include insurance for the driver's own bodily injury.

You have the possibility to insure yourself against this damage by taking out a so-called "PAI insurance".

In the event of an accident, this insurance covers the medical expenses related to personal injury to the driver of the vehicle or the funeral expenses in the event of death.

The insurance offered is an Ethias policy.

This policy is available for inspection at our offices, in any case the payment is limited to a maximum of € 495,787.05 (Four hundred and ninety-five thousand seven hundred and eighty-seven euros and five eurocents).

The premium to be paid for this insurance is included in our attached Price list.

 

20.2 Limitations of your liability

20.2.1 General

The limitations of liability are not insurance products, it is a mere capping of the amounts you owe as a result of damage to the vehicles and/or theft.

Our basic hire prices already include a limitation of your liability for damage to the vehicles due to accident, fire or vandalism and/or the damage suffered by General Lease in case of theft. The amounts to which your liability is limited are included in the Special terms and conditions.

 

20.2.2 Partial limitation of your liability for damage in case of accident, fire or vandalism - CDW1

You can choose to partially limit your liability for damage in case of accident, fire or vandalism, this is the so-called CDW1.

The applicable prices can be found on our website and, where applicable, are included in the special terms and conditions.

As a result of this limitation of liability, the maximum amount payable by you in the event of damage resulting from accident, fire or vandalism is limited to an amount as set out in our attached price list and as indicated in the Special terms and conditions of the Agreement.

 

20.2.3 Extended partial limitation of your liability in case of accident, fire or vandalism - CDW2

This limitation of your liability is in fact the same as CDW1, except that the maximum amount payable by you in the event of accident, fire or vandalism damage is further limited to an amount as set out in our Price list and as indicated in the Special terms and conditions of the Agreement.

The applicable prices can be found on our website and, where applicable, are included in the special terms and conditions.

 

20.2.4 Full limitation of your liability for damage in case of accident, fire or vandalism - SCDW

This limitation of your liability is in fact the same as CDW1 or CDW2, except that you will not have to pay anything for the damage in case of accident, fire or vandalism; this will be included in the Special terms and conditions of the Agreement.

The applicable prices can be found on our website and, where applicable, are included in the special terms and conditions.

 

20.2.5 Partial limitation of your liability for damage suffered by us in case of theft - TP1

You can choose to partially limit your liability for damage suffered by us as a result of theft of the vehicle, this is the so-called TP1.

The applicable prices can be found on our website and, where applicable, are included in the special conditions.

As a result of this limitation of liability, the maximum amount payable by you to compensate us for damages resulting from theft of the vehicle is limited to an amount as set out in our attached price list and as indicated in the Special terms and conditions of the Agreement.

 

20.2.6 Full limitation of your liability for damage suffered by us in case of theft - TP2

This limitation of your liability for our damage due to theft is in fact the same as TP1, except that you will not have to pay anything to compensate for the damage suffered by us in case of theft; this will be included in the Special terms and conditions of the Agreement.

The applicable prices can be found on our website and, where applicable, are included in the special terms and conditions.

 

20.2.7 Full Limitation of Liability for Tyre and Windshield Damage - TWP

If you have already partially limited your liability for damage in case of accident, fire or vandalism (CDW1) and also partially limited your liability for our damage following theft of the vehicle (TP1), you can choose to fully limit your liability for damage to the tyres and windscreen of the vehicle, this is the so-called TWP.

In this case you will not have to pay anything to compensate for damage to the tyres and/or the windscreen of the vehicle, this      will be included in the Special Conditions of the Agreement.

The applicable prices can be found on our website and, where applicable, are included in the special terms and conditions.

 

20.2.8 Zero Risk Pack - SCDW + TP2 + TWP

The Zero Risk Pack is a combination of the SCDW, TP2 and TWP.

In other words, your liability for damage as a result of accident, fire or vandalism and your liability for our damage following theft of the vehicle as well as your liability for damage to tyres and windscreen are completely limited.

This will be included in the Special terms and conditions of the Agreement.

To subscribe to the Zero Risk Pack, you must have already partially limited your liability for damage in case of accidental fire or vandalism (CDW1) and also partially limited your liability for our damage following theft of the vehicle (TP1). 

The applicable prices can be found on our website and, where applicable, are included in the special terms and conditions.

 

20.3 Combination driver's insurance and limitations of liability - Zero Risk Pack+ - SCDW + TP2 + TWP + PAI

The Zero Risk Pack+ is a combination of the Zero Risk Pack (SCDW + TP2 and TWP) with the driver's insurance (PAI);

In other words, your liability for damages resulting from an accident, fire or vandalism as well as your liability for our damages following theft of the vehicle and your liability for damages to tyres and windscreen will be completely limited, and you will also have driver's insurance for medical expenses resulting from an accident with the vehicle and/or funeral expenses for death resulting from an accident with the vehicle.

This will be included in the Special terms and conditions of the Agreement.

In order to subscribe to the Zero Risk Pack+, you must already have partially limited your liability for damage in case of accidental fire or vandalism (CDW1) and also partially limited your liability for our damages following theft of the vehicle (TP1). 

The applicable prices can be found on our website and, where applicable, are included in the special terms and conditions.

 

20.4 Breakdown Assistance Cover

As mentioned above (article 12.1), the standard agreement does not provide assistance for engine failure due to misfuelling, empty fuel tank, defect or loss of key/key card, flat battery and flat tyre.

You can extend the free breakdown service at the rate specified in our Price list to cover empty fuel tank, defect or loss of key/key card, flat battery and flat tyre.

For engine failure due to misfuelling, you will have to pay the fixed costs as included in our Price list.

The administration costs for handling the file will always remain due in the cases excluded from the standard breakdown service (i.e. misfuelling, empty fuel tank, defect or loss of key/key card, flat battery and flat tyre).

The Breakdown Assistance cover will only be valid for the duration of the agreement and on condition of correct compliance with the terms of the agreement.

 

20.5 Exceptions

The limitations of your liability specified in the Agreement (both the basic limitation and the additional limitations) will not apply which means the damage must always be fully compensated by you, in the following cases:

  1. Damage to the roof or the underside of the vehicle unless you can prove that it was not caused by your fault;
  2. Damage to the interior of the vehicle unless you can prove that neither you nor your passengers are responsible;
  3. Damage to the vehicle during the period you use it but after the contractually stipulated end of the Agreement;
  4. Damage deliberately inflicted by you or your passengers;
  5. Damage as a result of your gross error, gross error includes driving under the influence of alcohol or drugs, totally inappropriate behaviour in traffic, traffic aggression, etc.;
  6. Damage to the vehicle during use by a driver who is not a Permitted Driver;
  7. Damage caused by a driver who is not in possession of a valid driver's licence at the time of the occurrence of the damage, even if it concerns a Permitted Driver;
  8. Damage to the vehicle due to vandalism if this was not reported to the competent police services within three working days after the facts and the relevant police report was forwarded to us;
  9. Damage to General Lease as a result of theft if you have not taken the necessary measures to ensure the safety and security of the vehicle and if you have not taken the appropriate measures to prevent theft; this is evidenced among other things, but not limited to this, by the fact that you are unable to present the key to the vehicle (except in cases where, through no fault of your own, the key was taken during a robbery at your home or on the road);
  10. Damage to the vehicle if used contrary to the provisions of the Agreement;
  11. Damages suffered by General Lease as a result of the failure to draw up an accident report or an official report of the competent Police Services and/or to submit it to General Lease;

Due to the inapplicability of the limitations of liability, you will have to reimburse the full cost of the damage plus the administrative fee for the administrative handling of the accident and any compensation for unavailability of the vehicle for hire.

 

 

Article 21: Fuel options

As a rule, you must return the vehicle with the same level of fuel as you received it, unless you chose the "Prepaid Fuel" option. This fuel level at the start of the Agreement is indicated on the check-out form.

 

21.1 Prepaid Fuel

In the event you choose this option, you will be required to pay an additional fuel fee, as set out in our attached Price list, at the start of the Agreement.

Taking the Prepaid Fuel option is included in the Special terms and conditions of the Agreement.

With the Prepaid Fuel option no minimum amount of fuel is necessary in the vehicle at the time of return.

 

21.2 Fuel Service

If you have not taken the "Prepaid Fuel" option, you must return the vehicle with the same amount of fuel at the end of the Agreement as you received it at the start.

If you do not return the vehicle with the same amount of fuel as at the start, we will charge the cost of refilling and this at the daily price of the fuel in question plus a refuelling fee to cover our costs and work to refuel the vehicle, the composition of this refuelling fee is included in our Price list.

 

21.3 Limited Use Fuel Fee

If you have not taken the "Prepaid Fuel" option and you have driven less than 125 km with the vehicle for the entire duration of its use, you must either present proof that you refuelled shortly before returning the vehicle at a service station in the vicinity of our hire station or pay the Limited Use Fuel Fee, the amount of which is included in our Price list.

 

 

Article 22: Fines/charges and vehicle seizures

You, as the driver, are responsible for any fines and charges incurred during your use of the vehicle, subject to any fines and charges resulting from our acts or omissions.

These fines and charges are sent to us as the licence plate holder of the vehicle in question.

Upon receipt of a fine or charge, we will immediately remit it to you.

You have a period of 24 hours to respond to this notification and to refute your liability in the matter, stating reasons.

You must dispute the justification of the fine or charge directly with the authority that imposed it.

As we are legally obliged to do so, we will also communicate your data, as driver of the vehicle, to the competent police services upon request.

For the administrative work relating to the fines and charges received, we will charge you a handling fee per file in accordance with the price specified in our Price list.

Since charges have to be paid within a very short period of time, and we are liable as licence holder, we will pay them upon receipt.

At the same time as sending you the notification specified above, we will also inform you that the amounts owed in connection with the fine or charges (handling fee + charge paid by us) will, if applicable, be debited from the credit card with which you provided the security. By concluding the Agreement, you give your consent to charge your credit card for the amounts actually owed in this context.

If you have not provided a security, you must transfer the amounts due to our account; you will be invited to do so in the aforementioned notification.

Your liability for any fines and/or charges for which you are responsible cannot be limited.

If the vehicle is seized during your use of the vehicle due to your fault or negligence, all costs incurred by us to obtain release from this seizure will be at your expense.

These costs include (i) all litigation costs incurred in recovering the vehicle, including but not limited to lawyer's fees, (ii) loss of hire income, which is the normally applicable rental charge for the vehicle in question during the period it is seized, and (iii) the cost of our administrative processing.

If the vehicle is confiscated following seizure due to your fault or negligence during its use, you must reimburse us for the replacement value of the vehicle. The cost of replacing the vehicle will be calculated on the basis of the vehicle list price in question - 12%, with an additional depreciation of 1% for each month of age of the vehicle.

In addition to the replacement value of the vehicle, in this case you will also be charged the procedural fees, including but not limited to the costs of a lawyer, and our administrative processing costs.

Your liability in connection with our damage resulting from a seizure and/or forfeiture of the vehicle due to your fault or negligence cannot be limited.

 

 

Article 23: Liability of General Lease NV

We must provide you with a vehicle that meets the requirements of the Agreement and is suitable for the purpose for which it was designed.

We must make this vehicle available to you within the times agreed in the Agreement.

Finally, the vehicle must comply with all legal and regulatory provisions applicable in Belgium, whereby we remind you that if you wish to use the vehicle abroad (in countries where this is permitted) you must not only notify us in advance, but you will also be responsible for verifying that the vehicle complies with the laws and regulations in force in the country concerned.

We will be liable for any loss or damage foreseeable to us at the time of concluding the Agreement that arises for you from our failure to comply with the above obligations, the foreseeable loss or damage does not include lost income and/or opportunity.

 

 

Article 24: Payments

You owe us the following payments under this Agreement:

The amounts due in this context are included in our Price list.

If you do not agree with our invoices, you must protest them within 5 working days of receipt.

Our invoices are payable in cash, unless explicitly agreed otherwise. A possible protest of the invoice does not suspend our legally provided collection possibilities.

If we were to owe amounts to you within the context of the execution of the Agreement, we undertake to pay these amounts in cash as well.

By concluding the Agreement, you agree to electronic invoicing. Invoices will be considered to have been received by you as soon as they are in your sphere of control.

If an amount owed by you or by us is not paid on the due date, the following rules will apply:

  1. You are a company or we have not paid an amount on the due date;

On the amounts not paid on the due date, interest on arrears shall be payable by operation of law and without prior notice of default being required, on an annual basis, to the amount of the interest rate periodically determined in accordance with the law on combating late payment in commercial transactions, calculated on an annual basis of 365 days from the due date of the invoice until the date of actual payment. In addition, a fixed compensation will be due to the amount of 10% of the outstanding balance with a minimum of €75.

  1. You are a consumer;

The amounts not paid on the due date, a free reminder will be sent, leaving 14 calendar days for payment. If the reminder is sent by letter, an additional period of 3 working days will be taken into account. After this deadline, the following charges will be applied:

1)  Late payment interest, which cannot exceed the interest rate set at eight percentage points envisaged in Article 5, second paragraph, of the Law of 2 August 2002 on combating late payment in commercial transactions. Currently, this corresponds to 10.5%.
2)  A fixed compensation amounting to:
           a) 20 euros if the remaining amount is less than or equal to 150 euros;
           b) 30 euros increased by 10% of the amount due for the range between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
           c) 65 euros increased by 5% of the amount due for the portion exceeding 500.01 euros with a maximum of 2,000 euros if the balance due is above 500 euros.

 

Article 25: Personal data

When booking a vehicle, concluding the agreement and executing the Agreement, we will process some of your personal data.

In this context, the data controller General Lease NV, with registered office at 3700 Tongeren, Overhaamlaan 71, is registered with the Crossroads Bank for Enterprises under number 0431.586.751.

We process these personal data, depending on the processing, on the basis of the execution of the Agreement, on the basis of legal obligations and on the basis of our legitimate interest.

The personal data processed are shared with third parties both within and outside the EEA. If your personal data are shared with a third party outside the EEA, we will ensure that appropriate measures are taken to ensure the confidentiality of your data, unless an adequacy decision of the EU is applicable for the country concerned, in which case the confidentiality legislation of the country concerned will be considered sufficient.

The processed personal data is shared within the Enterprise network, with external processors such as identity verification software providers, administrative service providers, enforcement authorities (such as Police Services). To the extent necessary, the third parties involved are bound to us by a processor agreement as specified in Section 28, 3rd General Data Protection Regulation (hereinafter referred to as GDPR).

Due to the fact that you have concluded an Agreement with us, your data may be used to send direct mailings. If you no longer wish to receive these, you can object to this processing by sending a message to General Lease NV, Overhaamlaan 71, 3700 Tongeren and/or privacy@rentacar.be.

If you no longer wish us to process personal data that we are allowed to process based on your consent, you may withdraw this consent at any time by sending a message to the same addresses, the withdrawal of consent obviously only applies for the future.

In accordance with the GDPR, you have the following rights regarding your personal data we process: right of access, right of rectification, right to be forgotten, right to restrict processing, right to portability, right to opt out and right not to be subject to a decision based solely on automated means. To exercise these rights, you must submit a written request to General Lease NV, providing proof of your identity, either by post to Overhaamlaan 71 - B 3700 Belgium or by mail to privacy@rentacar.be. In addition, you have the right to lodge a complaint with the Data Protection Authority, rue de la Press 35, B 1000 Brussels.

More information about our privacy policy can be found in our Privacy Statement.

 

 

Article 26: Connected cars/infotainment systems

26.1 Connected Cars

26.1.1 General

Our vehicles are so-called connected cars.

These are vehicles that are connected to the Internet and where we, as well as the manufacturer of the vehicle and the relevant equipment/software as well as service providers, can process certain information of the vehicle.

The personal data thus processed are vehicle location, fuel gauge, mileage and dashboard signals.

In addition, our vehicle can be equipped with a so-called e-call system.

The purpose of processing these data is to ensure your safety and the safety of the vehicle, to ensure the proper and safe functioning of the vehicle, the smooth running of the hire process and its administrative handling.

Notwithstanding the fact that, based on the information provided by the connected cars, we may have an overview of certain maintenance and repair work to be carried out on the vehicle, this does not release you from your liability in this respect as set out in these general terms and conditions.

This connection of the vehicle to the internet is permanent.

By concluding the Agreement, you agree to these processing operations.

 

26.1.2 Legal basis of the processing in addition to your consent by concluding the Agreement.

26.1.2.1 Location of the vehicle

We process the location of the vehicle based on the GPS data.

This allows us to locate the vehicle in the event of an accident or breakdown, when we need to recover the vehicle that has been left at the end of the hire period, with or without our consent, in a place other than a hire station, as well as if the vehicle has been stolen.

We do not process the location data of the vehicle on a permanent basis, but only at the time when this is necessary for the purposes described above.

We process these data on the basis of our legitimate interest as data controller. This legitimate interest is to ensure the safety of our vehicles and our customers as well as the smooth execution of the agreement.

 

26.1.2.2 Fuel level

On the basis of this data we can determine the fuel level of the vehicle at both departure and return.

On this basis we can, if necessary, calculate the cost of refuelling the vehicle more accurately.

These data are not permanently processed by us but only at the beginning and end of the use of the vehicle.

We will process these data in the context of the execution of the Agreement to assess whether or not the vehicle will be returned with a sufficient level of fuel at the end of the Agreement.

 

26.1.2.3 Mileage

Based on these data, we determine the number of kilometres driven by our vehicle.

These data will be used to determine whether you are liable for compensation within the context of the maximum permitted number of kilometres.

These data will also be used to assess compliance with maintenance intervals.

The data related to the mileage of our vehicles are permanently processed.

We process these data, on the one hand, within the context of the execution of the Agreement with regard to any mileage payments made by you and, on the other hand, on the basis of our legitimate interest in ensuring the mechanical integrity and safety of our vehicles.

 

26.1.2.4 Dashboard signals

Based on the dashboard signals, we determine which mechanical problems occur with the vehicle.

These data are used to determine whether the vehicle needs to be repaired and to prevent breakdowns so that the vehicle remains in good working order during your use.

We process these data, on the one hand, within the context of the execution of the Agreement, in particular to ensure that we provide you with a properly functioning vehicle that avoids breakdowns as much as possible and, on the other hand, within the context of our legitimate interest as data controller to optimise the efficient operation of our fleet.

 

26.1.2.5 E-call systems

An e-call system is a system that automatically calls an emergency number in the event of an accident, informing us of your location, among other things.

From April 2018, all connected cars in Europe must be equipped with this system.

These data are processed on the basis of our legal obligation to equip the connected cars with this system.

 

26.2 Infotainment systems

Most of our vehicles are equipped with an infotainment system.

This system allows you to plan a route, make phone calls, listen to music and connect to the Internet (in addition to the "connected car connection").

You can enter a number of personal preferences into this system regarding the places you have driven to with the navigation system, the people you called or who called you, your contacts, your music preferences, etc.

These data remain stored locally in the system.

When returning the vehicle, it is your responsibility to delete any data you may have entered.

The easiest way to delete the data you entered into the Infotainment system is to restore the system to the factory settings (see vehicle manual in-car).

If you fail to delete the data you entered, we are under no obligation to do so in your place.

 

 

Article 27: Validity of terms and conditions

The invalidity or the fact that one of the provisions of the Agreement cannot have any effect for legal reasons does not result in the invalidity of the Agreement in its entirety.

The invalid or unworkable provision should be replaced by a provision that approximates the operation of the invalid provision as closely as possible to the legal requirements.

 

 

Article 28: Jurisdiction

The Agreement is governed by Belgian law.

If disputes should arise regarding the way in which this Agreement is executed and/or its interpretation, the rules regarding which court has jurisdiction will depend on whether the Agreement was concluded by a consumer or an entrepreneur/association.

If the Agreement has been concluded by an entrepreneur or association, the disputes arising will fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, department Tongeren.

If the agreement was concluded by a consumer, territorial jurisdiction shall be determined in accordance with the provisions of article 624, 1°, 2° and 4° of the Judicial Code, i.e. either the judge of the defendant's (or one of the defendants') domicile, or the judge of the place where the obligations in dispute or one of them arose or where they are, have been or must be performed, or the place where the bailiff has spoken to the defendant (if neither the defendant nor, if applicable, one of the defendants has a domicile in Belgium or abroad). For disputes with consumers who do not reside in Belgium, the provisions of Regulation (EU) 1215/2012 apply.

 

 

Article 29: Language

These terms and conditions have been drawn up in the language in which your Agreement was drawn up.

If you wish, a French/Dutch/English version of these terms and conditions can be obtained on simple request, these terms and conditions can also be consulted on our website in these languages.

 

 

Dorien Vervloet

diëtiste bij Body2Win
Hartelijk dank voor de service die jullie aanbieden. Ik heb reeds in vorige bedrijven leasewagens gekregen en ik merk een ontzettend opvallend verschil. Als ik een vraag heb i.v.m. mijn wagen, dan krijg ik meteen feedback en wordt niet van de ene dienst naar de andere gestuurd. Bedankt !

Danny Uyttersprot

particulier
Ik was heel positief verrast over het professionalisme en de gedrevenheid waarmee elk van de verschillende Rent A Car-medewerkers hun job uitoefenden, steeds met een maximale klanttevredenheid als belangrijkste doelstelling. Proficiat !

Jean-Michel Basimbizi

CEO van Enjoy Crew
Ik wil graag het team van Rent A Car Elsene bedanken voor hun kwaliteitsvolle service en de vriendelijke houding van iedere medewerker. Bovendien voorzien ze me steeds van een recent voertuig aan een vaste prijs, waardoor ik mijn budgetten makkelijk kan beheren (geen extra belastingen, onderhoud, een pechverhelping en vervangwagen indien nodig?). Ik ben van mening dat Rent A Car het beste autoverhuurbedrijf van het land is.
  • Flexibility Flexibility
  • PersonalService PersonalService
  • ExtensiveNetwork ExtensiveNetwork