Terms and Conditions

from Adrem Car Rental

Article 1: General

All amounts stated in these terms and conditions are in euros (€).
The rental agreement is entered into for the period and at the rate as stated in the rental agreement or otherwise agreed in writing, without prejudice to the provisions of Article 16 of these general terms and conditions. If the lessor has given permission to return the vehicle at a time outside the lessor's opening hours, the lessee shall remain liable for damage to the vehicle until the time at which the lessor actually receives the vehicle and has inspected it or has had it inspected.
The number of kilometres driven is determined in principle on the basis of the odometer. The tenant undertakes to ensure that the odometer, also with regard to the connection points, remains intact, without prejudice to the right of the tenant to prove that the odometer was not intact upon delivery of the vehicle. If the odometer becomes defective, this must be reported to the lessor immediately. In the event of a defect in the odometer, the lessor is entitled to calculate the number of kilometres driven after the defect in the odometer, if necessary, on the basis of road maps.

Article 2: Extension of the rental agreement

The renter undertakes to return the vehicle with all accessories to the company and address stated in the rental agreement no later than the day and time that the agreement ends, in the same condition, normal wear and tear excepted, unless the renter has previously requested an extension of the rental period and this extension has been granted to him by the lessor or the renter is obliged to return the vehicle to the third party named therein on the basis of the provisions of Article 16. The rental period thus extended remains subject to these standard provisions and ends at the time subsequently agreed.

Article 3: Exceeding the rental period

If the vehicle is not returned to the lessor within the period stated in the rental agreement, possibly extended, at the location stated in the rental agreement or at a third party approved by the lessor, the lessor shall have the right to immediately repossess the vehicle, whereby the rental shall automatically continue under the same provisions until the day on which the vehicle is again in the possession of the lessor, with the proviso that the daily price for that period shall then be increased by an amount of €50, plus VAT, without prejudice to the lessor's right to compensation from the lessee for any further damage suffered by the lessor as a result and the costs to be incurred and without prejudice to the lessor's right to demand immediate return of the rented vehicle. If the tenant demonstrates that exceeding the original rental period is the result of a shortcoming that cannot be attributed to him, such as a technical defect of the vehicle that was already present in its original form when the rental agreement was entered into, the additional amount referred to in the previous sentence of this article will not be charged and the lessor will also assess, depending on the circumstances of the case, whether (part of) the daily rate is due for that period.

Article 4: Cancellation

Cancellation of the rental agreement is not possible unless a cancellation arrangement has been expressly agreed in writing.

Article 5: Rent settlement

The debts of the renter are considered as debts to be paid. Unless otherwise agreed, payment must be made in cash immediately after returning the vehicle or after expiry of the rental period. A full or partial advance payment, reservation fee and/or security deposit may be required. If, despite this, the lessor's claim is not paid in cash or not paid at the agreed time, the renter will owe the statutory interest, increased by 2% per year, on the outstanding amount from that moment on. In this case, the remaining part of the month from the moment at which the payment should have been made will be considered a full month. This increase in the amount due is considered a condition under which the lessor has granted a deferral of payment, without this affecting the renter's obligation to pay in cash.

If the tenant fails to pay the amount due even after a formal notice, the landlord is entitled to increase this amount with the collection costs. Collection costs are all costs incurred by the landlord for the collection of the amount due. The collection costs are set at at least 15% of the amount due with a minimum of € 40, without prejudice to the right of the landlord to claim the additional demonstrably incurred costs.
Tenant is obliged to reimburse landlord for all costs reasonably incurred by landlord, which are related to legal proceedings in which landlord is completely or predominantly in the wrong. These costs will in any case include the costs of external experts, bailiffs and lawyers, also to the extent that these exceed the amount awarded by the court in this respect.

Article 6. Costs during rental period

During the time that the tenant has the vehicle at his disposal, costs associated with the use of the vehicle, such as fuel, storage, washing and gas filling, are for the account of the tenant.

Article 7: Use of rental vehicle

The renter must prevent any right to the vehicle from being established, from being lent or sold or from being disposed of in any other way. The renter is expressly not authorised to bind the lessor towards third parties and must avoid any appearance of being authorised to do so. If the car should fall out of the renter's possession, he must immediately inform the lessor of this (by telephone).
The vehicle must not be used or driven:
1. by a person who does not hold a valid driver's license, whose correct name and address are not stated on the front of the rental agreement, or in respect of whom an incorrect name, address or age has been given;
2. by a person under the influence of alcoholic beverages, or of narcotics or stimulants, or by a person suffering from any mental or physical disability which impairs his ability to drive a vehicle properly and/or his attention;
3. for the transport of passengers or goods for remuneration, for a purpose contrary to law (such as theft, smuggling, transport of goods subject to import duties or sales tax), in speed tests, for giving driving instruction, competitions or rallies or for pushing or towing another vehicle and/or trailer;
4. for the transport of persons other than family, acquaintances or business relations;
5. for the transport of hitchhikers or animals;
6. in a manner that is contrary to the due care that is appropriate in society with regard to another person or property.
For the purposes of this Article 7, any act and/or omission of all those who drive, use or are present in the vehicle, as well as any act and/or omission of the renter, shall apply.
Renter must handle the vehicle with care and ensure that the vehicle is used in accordance with its intended use. Renter is obliged to return the vehicle to the lessor in its original condition.
The renter undertakes not to overload the vehicle with passengers, luggage, cargo, etc.
Renter must ensure that the coolant and oil levels as well as the tire pressure are checked regularly, that the vehicle is serviced on time (in accordance with the service schedule of the vehicle in question) and that the tire pressure is as prescribed. Renter is fully responsible for refueling with fuel suitable for the vehicle. Renter must protect the vehicle properly against adverse weather conditions.
Subletting the vehicle is not permitted without the written permission of the lessor.
The renter is only allowed to travel with the vehicle in the Benelux countries, unless otherwise agreed in writing with the lessor.
The renter is obliged to return all documents provided with the vehicle, such as the registration certificate, insurance card, border documents, etc., at the end of the rental.
If any damage or defect during further use of the vehicle entails a risk that the damage or defect will worsen or further use could lead to a reduction in road safety, the renter is prohibited from using the vehicle until repairs have been made.

Article 8: Repairs and maintenance

The costs of repairs and maintenance are entirely for the account of the lessor. All costs relating to tyres that are not the result of normal wear and tear are for the account of the lessee. Maintenance and repair work must be carried out at the lessor's company. If this is not possible, the services of a garage company must be used, which is in possession of a permit to carry out the work in question by the importer of the brand in question.
If the costs of repair work and maintenance do not exceed an amount of € 50,- excluding VAT, these works can be carried out without the prior consent of the lessor. For costs of repair work and maintenance above an amount of € 50,- excluding VAT, the lessor must give prior consent, failing which these costs will be borne by the tenant.
The repairs and maintenance thus paid for by the tenant will be reimbursed by the lessor upon presentation of a specified invoice and receipt, unless the work is a result of shortcomings that can be attributed to the tenant. This reimbursement will never exceed the actual costs incurred. Parts replaced during repairs must be returned to the lessor, if requested to do so. Any associated transport costs will be borne by the lessor.

Article 9: Liability insurance

Lessor declares that liability insurance has been taken out for the vehicle which meets the requirements set by or pursuant to the Motor Vehicle Liability Insurance Act. However, damage to third parties which is compensated by the insurer on the basis of the aforementioned law but for which there is no cover under the policy conditions remains at the expense of the lessee, who indemnifies the lessor in this respect. This occurs, for example, if the driver was under the influence of alcohol or drugs at the time the damage occurred.
The insurance conditions are available for inspection at the landlord's premises and will be provided to the tenant upon request.

Article 10: Hull damage

The lessor declares that it will bear any hull damage itself, provided that the following shall at all times remain the responsibility of the lessee:
1. the deductible agreed in the rental agreement; in the event of overhead damage to a van, truck or camper van, an increased deductible applies. Overhead damage is understood to mean all damage to the top of the car up to 75 centimetres below the roof edge. In this case, a van or camper van is understood to mean a car with a maximum total weight of 3500 kg;
2. damage caused by use contrary to Article 7;
3. damage caused by intentional acts or omissions of the tenant or driver;
4. damage occurring while the driver is not in possession of a valid driving licence prescribed for driving or operating the type of vehicle in question or while the driver has been disqualified from driving;
5. damage caused by the vehicle being missing and the associated keys not being returned.

Article 11: Condition of the vehicle / damage

Lessor guarantees that the vehicle is in a proper condition at the time of commencement of the rental period. Lessee declares, unless proven otherwise, to have received the vehicle without visible defects and/or damage, unless otherwise indicated in the damage registration.
In the event of damage to or caused by the rented vehicle, the renter is obliged:
1. to notify the landlord of this immediately (by telephone);
2. thereafter to follow the instructions of the lessor, such as providing witness statements and/or other documents relating to the event;
3. to send or otherwise provide the lessor with a fully completed and signed damage report form within two 24 hours at all times, unless otherwise agreed in writing;
4. in all cases, immediately notify the local police;
5. to refrain from any admission of guilt in any form;
6. never leave the vehicle unattended until all safety features against accidents, theft and burglary fitted to and in the vehicle have been properly used;
7. to provide the lessor and any persons designated by the lessor with all requested cooperation in defending against claims from third parties or in obtaining compensation from third parties and to hand over to the lessor all documents and letters etc. received by or served on the lessee/driver in connection with the accident.
Compensation collected by the lessor from third parties in connection with an accident with the vehicle during the rental period will be deducted from the amount owed by the tenant to the lessor in this respect. In the event of damage abroad, the costs of any repatriation of the vehicle will be borne by the lessor.
If the tenant does not (timely) comply with one of the obligations referred to in paragraph 2 of this article 11 and this would lead to a loss of entitlement to insurance payment(s) or of the possibility to hold a third party liable or otherwise harm the landlord, the tenant is liable for this damage, without prejudice to other rights of the landlord. This also applies if the failure to comply with the provisions of article 11 paragraph 2 results in the claim of a third party not being able to be assessed to its full extent.
Renter is liable for damage caused by loss of securities, including registration certificates and border documents, as well as car keys and tools. Renter is obliged to compensate for this damage when returning the vehicle or otherwise as soon as possible.
Except as otherwise provided in this agreement, any liability of the lessor towards the lessee for direct or indirect damage or loss suffered or to be suffered by the lessee or for the lessor's failure, untimely or improper fulfilment of his obligations under this agreement is expressly excluded, except in cases where the damage is the result of intent or gross negligence on the part of the lessor or his managerial subordinate.
If the tenant concludes the agreement on behalf of or for the account of another natural person and/or legal entity, he declares – by signing the lease – that he is authorised to do so. The tenant is personally liable, together with this (legal) entity, for all obligations arising from that agreement.

Article 12: Liability and indemnity

If further driving with the rented vehicle is impossible due to a defect in the vehicle that was already (in principle) present at the start of the rental, the renter is only entitled to replacement transport in accordance with the regulations applicable to the lessor. Other costs or (consequential) damage will not be reimbursed. In all other cases where further driving is impossible, the renter is not entitled to replacement transport. The lessor is never liable for damage to the load, however it may have occurred. The renter, even if he is a natural person who is not acting in the exercise of a profession or business, is expected to take out his own insurance for possible damage.
The tenant is liable for the business damage suffered by the lessor, unless this is suffered as a result of a failure by the lessor. This is determined in advance for both parties on the basis of the objectively determined number of repair days multiplied by an amount determined on the basis of the cost price of a vehicle, as is customary.
The tenant indemnifies the lessor against all damage and claims from occupants or third parties, unless these are suffered as a result of the lessor's failure to comply with its obligations under the rental agreement. The tenant also indemnifies the lessor against all fines and/or damages that may be imposed on the lessor in connection with criminal offences committed by the driver and/or occupants during the rental period, unless the fines and/or damages owed by the lessor are the result of a defect in the vehicle that was already (in principle) present at the start of the rental.

Article 13: Advance payment / deposit

If an advance payment has been agreed, this will serve to pay the rent due, to reimburse the excess and to pay all other costs for which the tenant is liable. The deposit for the excess will only be settled once the vehicle has been returned to the lessor.
Lessor is at all times, both when entering into the lease and also in the event of any extension thereof, entitled to a payment security or to obtain an order for payment by credit card from tenant at first request. Such authorization is irrevocable.

Article 14: Termination of the lease

Lessor is entitled to immediately terminate the rental agreement without notice of default or judicial intervention, without prejudice to its right to compensation for costs, damages and interest, if it appears that the tenant does not, or does not on time or does not fully comply with the obligations of the rental agreement during the rental period; in the event of death, placement under guardianship, application for suspension of payment or bankruptcy of the tenant, in the event of the tenant establishing himself abroad; in the event of requisition by the government of the rented vehicle, or seizure of this vehicle, or if circumstances arise in the meantime of which the lessor was not aware at the start of the rental, which are of such a nature that if the lessor had been aware of them, the rental agreement would not have been entered into. The tenant is then obliged to immediately return the vehicle with accessories, failing which the lessor is entitled to repossess the vehicle with accessories.
Renter hereby authorizes the lessor or a person designated by the lessor to check the vehicle where it is located or to take possession of the vehicle again. In the event that the vehicle is retrieved by the lessor, it retains all rights to recover the costs incurred in this regard or damages suffered as a result of the termination of the agreement from the renter.

Article 15: Special provisions

It is possible that, as a result of a transfer of ownership by the lessor in the context of a securitisation, the vehicle is owned by a third party.
The third party allows the lessor to use the vehicle (or have it used) until the day that the lessor is declared bankrupt or that the lessor is granted a moratorium on payments. The renter agrees that in the event of either event, the rental agreement will immediately end and that as a result the renter will keep the vehicle exclusively for the third party in her capacity as owner of the vehicle and that the renter will only accept instructions from the third party regarding the further use and return of the vehicle and will act accordingly.

Article 16: Other

Any nullity or invalidity of one or more provisions of this agreement shall not affect the validity and applicability of the remainder.
In the event of any difference in interpretation between the Dutch and English texts of these terms and conditions, the former shall prevail.

Article 17: Applicable law

Article 18: Competent court

Dutch law applies to the rental agreement and any agreements resulting from it.

Disputes arising from these terms and conditions and/or rights and obligations of parties involved in agreements to which these terms and conditions apply, will be settled exclusively by the District Court of Maastricht and in urgent cases the President of this Court, unless, in accordance with rules of absolute and relative competence, cognizance has been assigned to any Subdistrict Court Judge.