Table of contents

  1. Determination of the rental price and the rental period
  2. Extension of the rental period
  3. Exceeding the rental period
  4. Cancellation
  5. Payment of rental price
  6. Costs incurred while using the vehicle
  7. Use of the vehicle
  8. Lessee’s liability for damage
  9. Repairs and servicing
  10. Technical defects of the vehicle
  11. Sanctions and measures imposed by government
  12. Seizure of the vehicle
  13. Dissolution of the rental agreement
  14. Lessee’s liability for acts or omissions on the part of third parties
  15. Mediation and arbitration rules
  16. Registration of personal data of the lessee and the driver
  17. Applicable law

Article 1: Determination of the rental price and the rental period

  1. The rental agreement is concluded for the period and rental price as indicated in the rental agreement or as otherwise agreed upon in writing. The lessee is allowed to return the vehicle after business hours only if the lessor has given prior permission to do so. If that is the case, the lessee remains liable for any damage caused up to the moment the lessor has actually taken possession of and inspected the vehicle or had it inspected.
  2. Mileage shall be determined by taking readings of the odometer. If the odometer should start to malfunction, the lessor should be informed thereof immediately.

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Article 2: Extension of the rental period

  1. The lessee is obligated to return the vehicle to the car rental company at the address mentioned in the rental agreement no later than the specified expiration date and hour, unless an extension of the rental agreement has been agreed upon before that time.

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Article 3: Exceeding the rental period

  1. If the vehicle has not been returned to the lessor or to a third party approved by the lessor within the period specified in the rental agreement, or any approved extension thereof, the lessor shall have the right to immediately repossess the vehicle. However, any and all of lessee’s obligations consequent on this agreement remain in full force and effect until the vehicle has actually been repossessed by the lessor, on the understanding that the lessee shall be obligated to pay an extra 50.- Euro, exclusive of VAT, per day (part of a day counting as one whole day), over the extended period, without prejudice to lessee’s obligation to pay compensation for any loss or damage suffered by the lessor. This increase by 50.- Euro per day does not apply, however, if the lessee can prove that the rental period was exceeded due to circumstances beyond his/her control (force majeure).

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Article 4: Cancellation

  1. The rental agreement cannot be cancelled, unless cancellation provisions have been agreed upon in writing.

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Article 5: Payment of rental price

  1. Any debts owing by the lessee shall be due and payable at lessor’s domicile. Advance payment of the rental price, as well as of a deposit may be demanded at the outset of the rental period. If the amount paid in advance should exceed the rental price, the excess shall cover any other amount the lessee may be owing to the lessor. The deposit covering the deductible will not be paid back until the vehicle has been returned. In case the vehicle is damaged, the deposit covering the deductible will not be paid back until it has become clear that the amount of damage does not exceed the deductible, in which case no more than the deposit covering the deductible less the amount of damage will be paid back.
  2. The lessor is at all times entitled to demand security or a payment order by credit card from the lessee, both at the moment of concluding the rental agreement as well as at the moment of agreeing to any possible extension thereof. Any such authorisation is irrevocable.
  3. Unless agreed upon otherwise, payment is due immediately after the rental period has ended. If the lessee does not pay on time, he shall be in default by operation of law. As of the date of default the lessee shall owe the legal interest on the outstanding amount, increased by 2% on an annual basis, part of a month counting as one whole month.
  4. If the lessee fails to pay the amount due even after payment has been demanded, he shall also be obligated to pay collection charges. By ‘collection charges’ are meant any and all costs, both legal as well as extrajudicial, incurred by the lessor in order to collect the amount due. These charges amount to at least 15% of the amount due or, if the amount due is less than 500.- Euro (exclusive of VAT), a minimum of 75.- Euro.

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Article 6: Costs incurred while using the vehicle

  1. During the rental period any costs connected with the use of the vehicle, such as tollage and fuel costs, or cleaning and parking expenses for the vehicle, shall be for the account of the lessee.

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Article 7: Use of the vehicle

  1. The lessee is obligated to handle the vehicle properly and to ensure that the vehicle is used in accordance with its intended use.
  2. The lessee is obligated to return the vehicle to the lessor in its original condition.
  3. Only the person(s) specifically designated as driver(s) in the rental agreement – the lessee included, if applicable – is (are) allowed to drive the vehicle. The lessee is not permitted to allow the vehicle to be used by any person who is not designated as a driver on the front page of the rental agreement.
  4. The lessee is obligated to make sure that all drivers shall have a valid driving-license and have the physical as well as mental condition required to be able to properly handle the vehicle.
  5. The lessee is not allowed to rent out the vehicle to any third parties, unless he has received written permission from the lessor to do so.
  6. The lessee is not allowed to bind the lessor to any third parties or to create any appearance to that effect.
  7. If the lessee should have lost possession of the vehicle, he is obligated to inform the lessor thereof immediately.
  8. The lessee is not allowed to transport hitchhikers or animals in the vehicle, nor to use the vehicle for giving driving lessons or for racing, nor for participating in speed tests, driving skill tests or reliability test drives.
  9. Unless agreed upon otherwise in writing with the lessor, the lessee is not allowed to cross the borders of the Netherlands with the vehicle.
  10. The lessee is obligated to maintain (or to have somebody else maintain) all liquids, as well as the tyre pressure at their required levels and to bring the vehicle in for servicing in accordance with the vehicle’s service-schedule as stipulated in article 9, section 2.
  11. The vehicle should be clean when returned by the lessee. If this obligation is not complied with, the costs for cleaning the vehicle, which amount to at least 25 Euro (exclusive of VAT), may be charged.
  12. The lessee is obligated to use the right kind of fuel for the vehicle.
  13. In case the vehicle has been damaged or has a defect, the lessee is not allowed to use the vehicle, if such use may cause the damage or defect to deteriorate or affect traffic safety.
  14. In case any event occurs which may cause damage, the lessee is obligated:
    1. to inform the lessor thereof by telephone immediately;
    2. to follow lessor’s instructions;
    3. to warn the local police;
    4. to volunteer to the lessor or his insurer any and all information and documents relating to the event;
    5. to submit a completely filled out and signed claim form to the lessor within 48 hours;
    6. to refrain from accepting blame in any way;
    7. to make sure never to leave the vehicle behind without having properly protected it against the risk of loss or damage;
    8. to co-operate fully with the lessor or any persons designated by him so as to enable the lessor to collect damages from any third parties or to fend off any third party claims;
  15. The lessee is obligated to impose the obligations and prohibitions contained in this article on all drivers, passengers and other users of the vehicle and to make sure that they comply therewith.

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Article 8: Lessee’s liability for damage

  1. Unless noted otherwise on the damage assessment form before taking possession of the vehicle, the lessee shall be considered to have received the vehicle without any visible defects or damage.
  2. The lessee is liable for any and all damage caused by any event taking place during the rental period or connected with the rental agreement in any other way, with due observance of the following sections.
  3. If a deductible has been agreed upon in the rental agreement, lessee’s liability for damage for each occurrence is limited to the amount of the deductible, unless:
    1. the damage was caused during or as a result of any act or omission in violation of article 7;
    2. the damage was caused with lessee’s approval or was due to any deliberate act or gross negligence on the part of the lessee;
    3. the vehicle was rented out to a third party, also if the lessor had given permission therefor;
    4. it concerns damage resulting from any injury or harm inflicted with or by means of the vehicle upon any third party, whereas the legally required liability insurance taken out for the vehicle does not cover the damage due to any violation of the policy conditions. The policy conditions may be inspected at lessor’s offices and will be forwarded to the lessee free of charge upon his first request;
    5. the damage resulted from the vehicle and the car-keys belonging thereto or the controls of the vehicle alarm-system having been lost, or the documents belonging to the vehicle (such as the vehicle registration certificate and customs documents) not having all been returned to the lessor.
  4. If the lessor has taken out an insurance, whether legally required or not, to cover the risk of body damage or the risk of (third-party) liability and any benefit is paid to the lessor or any third party in virtue of such insurance, lessee’s liability is left intact.
  5. In derogation of the agreed upon deductible, the following higher deductible amounts shall apply:
    1. a maximum of 1,500.- Euro, if the lessee is a consumer;
    2. a maximum of 5,000.- Euro, if the lessee is not a consumer.in case the damage resulted from damage to or caused by any part of the vehicle elevated more than two meters above the ground, or caused by any part of the cargo so elevated.If the vehicle is a van, a truck or a camper, the aforementioned high deductible amounts also apply in case the damage resulted from damage to or caused by any part of the vehicle, or caused by any part of the cargo, elevated less than two meters above the ground but remaining within 75 cm from the top of the vehicle or from its protruding cargo, provided that it is reasonable to presume that the damage resulted from a collision with that part of the vehicle or cargo.
  6. If the damage resulted from any injury or harm caused with or by means of the vehicle, the extent of the damage is herewith assessed in advance to be equal to the amount of damages paid to the directly injured party, increased by any possible damage suffered by the lessor.
  7. The damage resulting from the impossibility to rent out the vehicle during the period it is being repaired or replaced, is herewith assessed in advance to be equal to the product of the number of days required for repairing or replacing the vehicle multiplied by the daily rental price, less 10% due to savings on variable costs.
  8. In case of any damage abroad, the cost involved in repatriation of the vehicle shall be for the account of the lessor, unless any circumstance as referred to in the third section of this article applies.

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Article 9: Repairs and servicing

  1. Any and all costs of necessary repairs and servicing of the vehicle during the rental period are for the account of the lessor, unless by law or in virtue of any provision of this agreement these costs are for the account of the lessee.
  2. Servicing and repair-work shall be carried out at lessor’s garage. If this is realistically not possible, the work shall be carried out by a garage belonging to the network of dealers of the importer of the make concerned. In such a case the lessee is obligated to ask for a quotation first. If the costs of repair-work and servicing do not exceed the amount of 100.- Euro (exclusive of VAT) such work may be carried out without lessor’s prior permission. Any such costs paid by the lessee for repair-work or servicing shall be refunded by the lessor upon presentation of a specified invoice with all proper receipts annexed thereto. If requested by the lessor, the lessee is obligated to deliver any and all parts that have been replaced as part of the repair-work to the lessor. Any possible costs connected with transportation of these parts shall be refunded by the lessor upon presentation of a specified invoice with all receipts annexed thereto. If the costs of repair-work and servicing do exceed 100.- Euro (exclusive of VAT) the lessee is obligated to request lessor’s prior permission, in the absence of which these costs shall be for the account of the lessee.

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Article 10: Technical defects of the vehicle

  1. If it is impossible to continue driving due to any defect of the vehicle which was already (latently) present upon conclusion of the rental agreement, the lessee is entitled to alternative transportation in accordance with the rules set by the lessor. If it is impossible to continue driving due to any other cause, the lessee shall not be entitled to any such alternative transportation. The lessor shall not be liable for any other consequences resulting from it being impossible to continue driving.
  2. The lessor shall never be liable for any damage to objects transported with the vehicle, irrespective of the cause of the damage. The lessee is expected to take out an insurance to cover such risk, also if the lessee is a consumer.

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Article 11: Sanctions and measures imposed by government

  1. Any sanctions and (financial) consequences of measures imposed by government with respect to using a vehicle or having a vehicle at one’s disposal shall be for the account of the lessee, unless such costs are related to a defect which was already present upon conclusion of the rental agreement. If such sanctions or measures are imposed upon the lessor, the lessee is obligated to reimburse these costs at lessor’s first request. In addition, the lessee shall be liable to pay any legal or extrajudicial collection charges amounting to at least 25 Euro (exclusive of VAT). If the lessor is obligated to provide information to the authorities about any act or omission on the part of the lessee, such as a traffic violation, the lessee is obligated to pay any costs involved therewith. These costs amount to at least 10 Euro (exclusive of VAT).

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Article 12: Seizure of the vehicle

  1. In case the vehicle is seized or attached by virtue of any provision of the administrative, civil or penal law, the lessee remains obligated to comply with the obligations consequent on the rental agreement, among which the obligation to pay the rental price, up to the moment the lessor has regained full and free possession of the vehicle. The lessee is obligated to pay compensation to the lessor for any and all costs incurred as a consequence of such seizure or attachment.

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Article 13: Dissolution of the rental agreement

  1. Without any prejudice to his right to receive compensation for costs, damages and interest, the lessor has the right to terminate the rental agreement, without giving any notice of default and without any intervention of the court, and to repossess the vehicle, if during the rental period the lessee should fail to comply with one or more of his obligations consequent on the rental agreement, or fails to do so fully or on time; this right to terminate the agreement also applies in case of lessee’s death, or in case he/she has been placed under tutelage, or in case he/she requests suspension of payment or if he/she has been declared bankrupt; also in case the Act on Debt Restructuring for Natural Persons has been declared applicable or if the lessee establishes himself or his corporate seat abroad; also in case the vehicle has been seized or attached, or in case the lessor becomes aware of circumstances during the rental period which are of such a nature that, had he been aware of them, he would not have concluded the rental agreement. The lessee is obligated to co-operate fully with the lessor so as to enable the latter to repossess the vehicle.

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Article 14: Lessee’s liability for acts or omissions on the part of third parties

  1. The lessee is liable for acts or omissions on the part of the driver, the passengers and any other users of the vehicle, also if they acted without lessee’s permission.

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Article 15: Mediation and arbitration rules

  1. These mediation and arbitration rules are only applicable in case of disputes on the interpretation or execution of these BOVAG Standard Terms and Conditions for members of the section of the BOVAG Car Rental Members’ Association.
  2. Mediation rules:In case any dispute as referred to in section 1 of this article should occur, the lessee has the right to submit such a dispute in writing to the BOVAG Mediation Bureau, P.O. Box 1100, 3980 DC Bunnik, within three months after its occurrence. This Bureau shall attempt to find an amicable solution to the dispute by means of mediation. If mediation does not produce any results, the bureau shall inform the parties thereof as soon as possible.
  3. Arbitration rules:
    1. If the attempt at mediation as referred to in section 2 has been unsuccessful, or if the lessee prefers not to make use of the mediation-option, the lessee has the right to submit the dispute in writing to the Car Rental Disputes Committee, the secretariat of which is administered by the BOVAG (c/o BOVAG, P.O. Box 1100, 3980 DC Bunnik).In case mediation was attempted by the BOVAG Mediation Bureau, the lessee is obligated to submit the dispute to the Disputes Committee within six weeks of having received the notification from said Bureau indicating that mediation has failed. In case the BOVAG Mediation Bureau did not attempt to mediate, the lessee is obligated to submit the dispute to the Disputes Committee within three months of its occurrence.
    2. Rulings by the Car Rental Disputes Committee have the effect and status of binding opinions.
    3. The BOVAG guarantees the lessee that all BOVAG-members shall comply with the binding opinion pronounced by the Car Rental Disputes Committee. However, this guarantee is applicable only up to a maximum amount of 1,000.- Euro (exclusive of VAT) for each binding opinion. In case of lessor’s bankruptcy or if he has requested suspension of payments, or in case he should close down his business, the guarantee only applies, if the lessee has submitted the dispute to the Car Rental Disputes Committee before any such situation occurred. Consequential damage is never covered by the guarantee.
    4. Mediation does not preclude the right to submit the dispute for adjudication to the regular civil court. However, if the lessee has submitted the dispute to the Car Rental Disputes Committee, the parties only have the right to submit the ruling of the Disputes Committee to the regular civil court for marginal review.

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Article 16: Registration of personal data of the lessee and the driver

  1. The personal data mentioned in the rental agreement shall be registered in a register of persons by the lessor as the responsible party within the meaning of the Act for the Protection of Personal Data. This registration will enable the lessor to execute the agreement and to provide the lessee or the driver with optimal and current product information, as well as make the lessee or the driver personalised offers. The lessee or the driver can object to the lessor using their personal data for direct mailings. Such objections shall be respected and acted upon.
  2. The data may also be registered in the Car Rental Warning System. On behalf of the section of the Car Rental Members’ Association, P.O. Box 1100, 3980 DC Bunnik, BOVAG is responsible for the registration of these data in the Car Rental Warning System. The personal data of the lessee or the driver shall in any case be entered into this system, if the vehicle is not returned, or if felonies or other offences have been committed with the vehicle, or if the vehicle has been damaged repeatedly due to the actions or omissions of the lessee or the driver, or if the rental price has not been paid or has not been paid on time. Information about the registered personal data and about the duration of the registration may be requested from aforementioned responsible administrator; written objections may also be filed with this administrator.

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Article 17: Applicable law

  1. The rental agreement shall at all times be governed by Dutch law.If a dispute is submitted to any other court than the cantonal court, the court in the town where the lessor is domiciled shall have exclusive jurisdiction, unless the lessee shall have notified the lessor in writing within one month after the latter has invoked this article in writing, that he prefers adjudication by the competent court in accordance with the law.

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