Rental conditions

From Adrem Car Rental

Article 1: Data for determining the rental price

  1. All amounts stated in this contract are in euros (€).
  2. The parties declare that they accept the number of kilometers traveled as indicated by the odometer (not: the daily meter) as correct.
  3. The tenant agrees to the possible stated or yet to be stated petrol tank level in this rental agreement upon departure and return with the car. In the absence of such a stated level upon departure, the petrol tank will be considered fully filled upon departure. This does not affect the principle that the car is received with a fully filled petrol tank and must also be returned, unless expressly agreed otherwise in writing.

Article 2: Costs during the rental period

  1. During the time that the renter has the vehicle at his disposal, all costs associated with the use of the car, including petrol, oil, storage, tyre repairs, etc., are for the account of the renter.
  2. Any towing costs and transportation costs of the car and/or its occupants are the responsibility of the renter.

Article 3: Repairs

  1. Repairs to the car without the permission of the lessor are at the expense and risk of the renter.

Article 4: Car papers

  1. The renter is liable for damage due to loss of supplied documents, such as registration certificate, insurance certificate (green card) and any border documents.
  2. As long as the tenant has not returned the car papers in full to the landlord after returning the car to the landlord, the landlord will suffer business damage for which the tenant is liable under Article 8.

Article 5: Insurance

  1. The renter declares to be aware of the fact that no other insurances have been taken out with regard to the car than the expressly mentioned insurances. Any other or more extensive insurances that may be desired by the renter, such as a possible so-called passenger insurance, must be taken out by the renter himself and at his own expense.
  2. The expressly mentioned third party liability insurance meets, as the lessor hereby declares, the requirements set by the Motor Vehicle Liability Insurance Act (WAM). This third party liability insurance does not cover liability for damage caused to the driver of the car (see art. 4 paragraph 1 WAM), nor does it cover damage resulting from participation in speed, regularity or skill rides and competitions for which the exemption referred to in art. 148 Road Traffic Act 1994 has been granted (see art. 4 paragraph 3 WAM).

Article 6: Collision Report

  1. In the event of damage or loss, whether or not caused by the fault of the renter and/or the driver of the car and occurring in relation to the car and/or any associated document and/or any associated (other) item or inflicted on any third party, the renter is obliged to immediately notify the lessor thereof by telephone and also to confirm this in writing, submitting a situation drawing and stating witnesses and other details concerning the incident. The renter is obliged to follow the instructions given by the lessor and, if possible, to have a police report drawn up of the incident. In the event of failure to provide the aforementioned notification and failure to follow the aforementioned instructions, the renter will be liable for any damage suffered by the lessor as a result of this failure.

Article 7: Damage

  1. The renter is liable for all damage (including any loss and the business damage referred to in Article 8) that may be caused to the car and its accessories during the rental period and any consequential damage resulting therefrom, whether or not (in deviation from Article 7A:1600 paragraph 1 of the Dutch Civil Code) the renter is at fault, and regardless of whether this occurs in or outside of force majeure, except to the extent that such damage is covered by the comprehensive insurance.
  2. The tenant indemnifies the landlord against all damage suffered by occupants or third parties for which the landlord could be liable under the law and for which the landlord could not find cover under the third-party liability insurance.
  3. The tenant indemnifies the lessor against all fines, transactions and administrative sanctions etc. that may be imposed on the lessor in connection with crimes and violations committed by the tenant and/or the driver and/or passengers during the rental period. For such fines, transactions and administrative sanctions, the tenant bears the full risk and the full responsibility and liability in the relationship with the lessor, and to the extent possible also externally. In addition, administrative costs may be charged for fines, transactions and administrative sanctions.
  4. Members 2 and 3 shall not apply if the tenant proves that the amounts owed by the lessor are the result of a defect in the car that was already present at the start of the rental.

Article 8: Business damage

  1. Any business damage suffered by the lessor, as referred to in art. 7, shall be borne by the lessee and shall now be binding on both parties, regardless of whether one of the parties can prove that this damage is actually more or less (determined on the basis of the number of repair days, multiplied by €50, reduced by the lessor's saved costs). However, any compensation the lessor may receive in this respect under the comprehensive insurance shall be deducted from this.

Article 9: Expert report

  1. The extent of the hull damage and business damage will, if both parties do not reach agreement on this, be determined bindingly for both parties by an expert to be appointed by the insurer concerned or, if the insurer does not (yet) do so, by both parties. If no agreement has been reached on this appointment between the parties within 24 hours after the damage occurred, this expert will be appointed by the chairman of the Bovag. The costs of the valuation report are part of the damage for which the tenant is liable in accordance with art. 7. The tenant will immediately compensate the lessor for the total damage after it has been determined, insofar as this may not be reimbursed to the lessor under the hull insurer.

Article 10: Damage to the tenant

  1. The lessor is not liable for any costs and/or damage that may arise for the renter or the driver of the car or its occupants as a result of any damage and/or defect and/or loss to or of the car with accessories or to third parties.
  2. If the renter is unable to use the car during the rental period for any reason whatsoever, the lessor shall not be liable for any resulting damages and costs, but the renter shall remain obliged to pay the agreed rental price.
  3. Article 7 paragraph 4 applies mutatis mutandis to paragraphs 1 and 2 of this Article.

Article 11: Extension of the lease

  1. If the car is rented per day, a new day's rent will be charged if the car is not returned to the lessor by 8 a.m. on the morning of the day following the rental day. If the car is used longer than agreed, the rental will automatically continue and the provisions of this rental agreement will remain in force, as long as the maximum extension of the rental period is not exceeded.

Article 12: Exceeding the rental period

  1. If the rented car is not returned to the lessor within the stated maximum extended term of the rental period, the renter shall owe the lessor for each day that the car is returned late, without any notice of default being required, an amount equal to the stated rental price and insurance premiums per day and compensation for extra km, increased by a fine of € 50 per day and with an interest of 10% per year on the aforementioned amount from each day in question until the day of payment, all this without prejudice to the lessor's right to full compensation for damages to the extent that the damage may amount to more.

Article 13: Termination of the lease

  1. The lessor has the right to terminate the rental agreement at any time without judicial intervention if, in his opinion, the car is not being used with due care by the renter.

Article 14: Disputes

  1. Any disputes arising from this rental agreement will be settled in the first instance by the District Court of Maastricht, to the exclusion of any other court, unless the disputes fall within the jurisdiction of the subdistrict court.