- General terms and conditions (unlimited kilometers)
- General terms and conditions (maximum x kilometers per day)
General terms and conditions (unlimited kilometers)
These general terms and conditions (the “Terms and Conditions”) apply to rental agreements between Auto-bongers.nl B.V., also trading under the name HollandAuto.nl, in its capacity as rental agency and the renter of a vehicle. Please see for the up to date Terms and Conditions www.hollandauto.nl. Please read carefully before renting a vehicle.
In these terms and conditions the following words shall have the following meaning:
vehicle: the vehicle and/or other property that is the subject (or forms a part of) of the rental agreement;
renter: the natural person or legal entity, whether or not entering into the rental agreement in the execution of his/her profession and/or business, entering into the rental agreement as the party renting the vehicle;
rental agency: the legal entity, Auto-bongers.nl, also trading under the name HollandAuto.nl, entering into the rental agreement as the party renting out the vehicle;
consumer: a renter who is a natural person and is not entering into the rental agreement in the execution of his/her profession and/or business;
rental agency damage: any financial loss suffered by the rental agency as a result of:
- damage to the vehicle (including the vehicle or its parts being in a condition incompatible with normal wear and tear) or loss of the vehicle or its associated parts (including the keys, alarm installation, and documentation such as registration papers and international motor insurance documents) or any parts of such. This loss shall also include any costs incurred for the replacement of the vehicle (or parts thereof) as well as the loss of rental income; and/or
- damage inflicted on persons or property by or through the vehicle, for which the rental agency, the party in whose name the vehicle is registered or the liability insure of the vehicle is liable.
overhead damage: rental agency damage caused by a collision involving any part of the vehicle situated more than 1.90 meters above the ground or by a collision involving property attached to the vehicle at a point more than 1.90 meters above the ground;
rental agreement: an agreement entered into by the renter and the rental agency in respect of renting and renting out a vehicle or vehicles, including any accessories;
driver: the actual driver of the vehicle;
in writing: a document sent on paper or electronically;
WAM: Motor Insurance Liability Act (Wet Aansprakelijkheidsverzekering Motorrijtuigen).
Article 1: Applicability
These Terms and Conditions are applicable to all rental agreements entered into by the renter and the rental agency in respect of renting and renting out vehicles, including any accessories. These Terms and Conditions form a integral part of any rental agreement.
Article 2: The offer
2.1 Depending on the wishes of the renter, the rental agency shall submit an offer either in writing or verbally.
2.2 The renter can book a vehicle at the rental agency in the following manners:
- Over the counter at the rental agency;
- By phone; or
- Via internet as per (www.hollandauto.nl)
2.3 The offer shall contain a complete and accurate description of the rental period, the rental sum and the potential additional cost elements. Moreover, the offer shall stipulate the level of any personal excess and the possibility of commuting the personal excess, and detail any requirements regarding a deposit or other means of security.
2.4 The offer shall give details of the opening hours of the rental agency and a telephone number on which it can be reached.
2.5 The offer shall stipulate the way in which payment is to be made and security provided.
2.6 If reasonably possible, the offer shall be accompanied by these Terms and Conditions. If this is not possible, the Terms and Conditions shall be handed over on conclusion of the rental agreement.
Article 3: The rental agreement
3.1 The rental agreement shall come into effect once the offer has been accepted. A verbal rental agreement should be confirmed in writing by the rental agency.
3.2 The rental agreement shall be entered into for the period and at the rate stipulated in the rental agreement or otherwise agreed. The rental agreement shall also stipulate the times/dates of commencement and termination of the rental period.
3.3 On the grounds of article 11, paragraph 7, and with reference to article 14, paragraph 2, of these Terms and Conditions, the rental agreement shall, if applicable, stipulate the maximum amount of liability limitation.
Article 4: The rental price and price changes
4.1 The rental sum and any additional cost elements, such as price per kilometer, shall be agreed in advance, as shall any right to make interim price changes. The rental agency shall ensure that the rental sum is clearly stipulated in the rental agreement.
4.2 If prices should change within three months upon the conclusion of the rental agreement, this shall have no effect on the agreed price. A consumer shall be entitled to dissolve the rental agreement if the price is raised after a three-month period upon the conclusion of the rental agreement but prior to the commencement of the rental period, unless the rental agreement stipulates that the rental period shall commence later than three months after the conclusion of the rental agreement.
4.3 The second paragraph shall not apply to any price changes due to legislative changes, for example changes to the rate of VAT.
4.4 The number of kilometers driven shall be established on the basis of the odometer, unless the odometer is defective. Any kilometers driven after the odometer becomes defective shall be established in the most obvious way.
4.5 Throughout the rental period all the costs associated with vehicle usage, such as but not limited to tolls, Euro vignette and the costs of fuel, cleaning and parking shall be for the account of the renter.
4.6 Without prejudice to the obligation of the renter to pay compensation if any legal ground exist, the renter may not be charged for any costs which have not been agreed.
Article 5: The rental period and exceeding the rental period
5.1 The renter shall be obliged to return the vehicle to the address of the rental agency stipulated in the rental agreement, or to an alternative address agreed upon at a later stage, by - at the latest - the date and time stipulated as the end of the rental period. During opening hours, the rental agency shall be obliged to accept the vehicle.
5.2 Only with the explicit written permission of the rental agency the vehicle may be returned at a place other than agreed and/or returned outside opening hours.
5.3 When returning the vehicle prior to the end of the rental period, no refund will be given. Exceptions can apply.
5.4 Should the vehicle not be returned in the agreed manner at the end of the rental agreement, or any extension to the rental agreement, the rental agency shall be entitled to take back the vehicle immediately. The renter’s obligation by virtue of the rental agreement shall remain in full force and effect until the rental agency regains possession of the vehicle.
5.5 If the vehicle is not returned in time, the rental agency shall be entitled to charge the renter 20% of the daily rental price for each hour that the rental period is exceeded. Should the period of no-return exceed 5 hours, 1,5 times the daily rental price may be charged each day until the vehicle is returned, irrespective of the renter’s obligation to compensate the rental agency for any loss it has or may (in future) suffer. If it is in fact impossible for the renter to return the vehicle, no increased rental price shall be charged. The increase in the rental price shall not be applicable if the renter can demonstrate that the period was exceeded as a result of force majeure.
Article 6: Cancellation
6.1 If a renter cancels the reservation more than 48 hours before the start of the rental period, the reservation is cancelled without charge. If however the renter cancels the reservation between 48 hours before the start of the rental period and 24 hours before the start of the rental period, the renter pays 50% of the rental sum. If the renter cancels the reservation within 24 hours before the start of the rental period, the renter will pay 100% of the rental sum.
6.2 Cancellation outside office hours shall be deemed to have occurred on the following calendar day.
Article 7: Payment
7.1 The rental price must be paid in advance. The payment can only be made using an authorized credit card, by Ideal, or by electronic manner such as using a debit card. Upon the explicit permission of the rental agency the renter is allowed to make a cash payment. The receipt of payment is in principle provided in electronic format. All rates are in Euro, excl. VAT, excl. fuel. The rental agency requires a deposit before renting the vehicle. The renter is allowed to pay the deposit in cash, however if the deposit can be paid back, the rental agency shall make such refund only per credit card or debit account of the renter and not in cash. The deposit can never serve as payment of the rental price in advance. If the vehicle is picked up later than agreed, the rental period and price will start form the contractually agreed time. If the rental price is settled by credit card, the renter will be charged a 5% administration fee of the rental price and/or deposit payable. Payment in advance of the rental price and the deposit serves to cover payment of the rental price, settlement of the excess and payment of all other costs the renter is obliged to pay. The deposit in relation to the excess will only be settled once the vehicle has been returned to the rental agency. The rental agency will at all times be entitled to demand from the renter payment security or a payment instruction by credit card, both when entering into and in the event of a possible extension of the rental agreement. Such authorization is irrevocable.
7.2 The deposit shall be returned subject to settlement of any outstanding costs as soon as the vehicle is returned, unless there is a question of rental agency damage. In the case of rental agency damage, the deposit shall be returned to the extent it exceeds the amount for which the renter is liable. This amount shall be returned as soon as it is clear that there is an excess. If there is damage to the vehicle, the amount shall always be returned within 2 months; if there is (also) third-party damage, it shall be returned within 6 months.
7.3 If the rental agency damage is caused by third parties/a third party and the rental agency has successfully recovered all the damages from these third parties/a third party, the deposit shall be returned within 14 days after the damages have been recovered. The rental agency shall make all reasonable effort to ensure the damage caused by third parties/a third party is recovered as quickly as possible and shall keep the renter informed of developments.
Article 8: Legitimacy and deposit
Double identification is required, including a valid driving license and a valid passport or a valid ID card. If a renter has (only) a residence permit, the rental agency also requires a valid Dutch driving license. Upon request of the rental agency, the renter needs to show proof of his/her address. Copies of the proof of address must be no older than one month.
Article 9: Insurance
The WA-insurance is only valid in the Netherlands, unless foreign coverage has been concluded. All vehicles of the rental agency are standard WA insured, with a liability coverage up to € 1,700.00 per event. Per claim, an excess amounts of both civil liability and hull damage. The renter, not included renters with an age from 21 up to 24 years (as also referred to in article 10.12), has the possibility to reduce this excess to € 700.00 by paying a sum of € 12.00 per day.
Article 10: Renter’s obligations
10.1 Without prejudice to the provisions below, the renter must look after the vehicle as befits a good renter and ensure that the vehicle is used in accordance with the purposes for which it is intended. Consequently, the renter shall be prohibited from using the vehicle on an unsuitable circuit or terrain, or on any terrain in respect of which the renter or driver have been informed that entry to the terrain is at their own risk.
10.2 The renter must return the vehicle to the rental agency in its original state. This means, among other things, that the renter must remove any changes or additions to the vehicle made by his/her/its, or on his/her/its behalf, and do so in such a way that the vehicle can be returned to the rental agency in its original state. The renter cannot claim any right to compensation in such situations.
10.3 The renter must ensure that any loads in or on the vehicle are carefully secured.
10.4 Only the person (or persons) named as the driver (drivers) in the rental agreement may drive the vehicle. The renter may not make the vehicle available to any person not named as a driver in the rental agreement. The renter shall be responsible for ensuring that all the drivers named in the rental agreement are qualified to drive the vehicle, and are both mentally and physically capable of driving the vehicle.
10.5 The renter may not rent out the vehicle.
10.6 The renter may not use the vehicle to give driving lessons or to transport people in exchange for money other than for the benefit of ‘carpooling’, nor may the renter use the vehicle to participate in competitions, or speed, driving skill or reliability tests.
10.7 The renter may not take the vehicle outside the national borders of the Netherlands, unless this has been agreed in writing with the rental agency.
10.8 If the renter is aware or notices that the vehicle is damaged or defective, the renter may not use the vehicle if doing so could worsen the damage or defects, or reduce road safety.
10.9 The renter is obliged to impose all the obligations and prohibitions in this article on the driver, passengers and other users of the vehicle and to supervise adherence to such.
10.10 The renter must, among other things, take good care of the vehicle’s keys, the operation of the alarm installation and the vehicle’s documents (such as the vehicle registration certificate and the international motor insurance documents).
10.11 When leaving the vehicle, it must be locked and all safety and security measures must be activated.
10.12 The renter and/or driver must be at least 21 years and already 1 year in the possession of a driving license. For the age of the renter from 21 up to 24 years the rental agency charges a surcharged amount.
Article 11: Instructions for the renter
11.1 The renter must ensure that the oil level and the tire pressure are kept at the required levels and accede to any request from the rental agency to submit the vehicle for service. Such requests shall be issued in good time so the renter can reasonably fulfill the request. If the rental period is a month or less, the renter shall not be obliged
by the rental agency to submit the vehicle for a routine service.
11.2 The renter must return the vehicle in a clean state. Failure to observe this obligation could result in the renter being charged for the costs of cleaning, at a minimum charge of € 25.00 (to be increased with VAT). The vehicle must be returned containing the same amount of fuel as when it was made available, being a full tank. The renter is aware of the fact that if the fuel level is lower, than as stipulated in this section, an amount will be charged which is considerably higher than the actual cost of refueling, with a minimum of € 25.00 (to be increased with VAT) as extra charge.
11.3 The renter must fill the vehicle with the fuel and, if necessary, any supplements specified as suitable by the rental agency.
11.4 Should the renter become aware of or notice that the vehicle is defective or damaged or has caused damage, or should the vehicle be missing, the renter is obliged to:
- give notification of this as soon as possible;
- follow the instructions issued by the rental agency;
- submit, whether or not on request, all the information and documents which relate to the incident to the rental agency or its insurer;
- ensure the vehicle is not left behind without being suitably protected against the risk of damage or loss;
- cooperate with the rental agency or any person(s) designated by the rental agency in order to acquire compensation from third parties or to provide a defense against the claims of third parties.
11.5 In the event of accidents, damage or loss, the renter is further obliged to:
- report the incident to the local police and to handover a theft report (proces-verbaal) to the rental agency;
- submit a completed and signed claim form to the rental agency as quickly as possible;
- refrain from making any form of acknowledgement of guilt.
11.6 The renter is obliged to impose all the obligations and prohibitions in this article on any driver, passengers and other users of the vehicle and to supervise adherence to such.
11.7 The renter shall not be permitted to transport goods in the vehicle which have a collective value in excess of € 15,000.00 unless otherwise agreed.
11.8 The renter should inform the rental agency as quickly as possible about:
- any malfunction in the working of the odometer, the tachograph, the cruise-control or the operational hour meter for the PTO and engine cooling system, as soon as the renter can reasonably deduce there is a malfunction;
- any breaks in the fuel system seal, as soon as the renter can reasonably deduce there could be a break;
- any incident which causes, or could reasonably cause, the vehicle to be damaged, as well as any incident which is caused, or could reasonably be caused, by the vehicle;
- the vehicle malfunctioning;
- the loss, or the loss of control, of the vehicle, its parts or associated components;
- attachment of the vehicle; and any other circumstances about which the rental agency should, in all reasonableness, be informed.
11.9 If the rental agency is required to submit information to the authorities in respect of the identity of the person who was driving or using the vehicle at a specific moment, the renter must respond to any related questions posed by the rental agency as quickly as possible.
Article 12: Obligations of the rental agency
12.1 At the time of delivery, the rental agency shall deliver a clean, well-serviced vehicle, plus the agreed accessories and specifications; the vehicle shall also be equipped with all the equipment compulsory in the Netherlands, have a full fuel tank and, as far as the rental agency is aware or could be expected to be aware, it shall be in a good technical state.
12.2 If it is impossible to deliver a vehicle from the agreed category, then, at the request of the renter, a vehicle from a higher category shall be provided without the renter being charged any extra costs. A request for an upgrade cannot be fulfilled if the agreed vehicle is already in the highest category.
12.3 Prior to the rental, the renter shall, together with the rental agency, compile a report indicating the damage to the vehicle that already existed.
12.4 The rental agency shall handover all the required documents to the renter prior to the rental period.
12.5 The rental agency should ensure that the vehicle contains instructions in the Dutch and/or English language, as well as a list of telephone numbers to which the renter can report incidents both during and outside office hours.
12.6 The rental agency shall ensure that details of the type of fuel, and any other prescribed supplements, are clearly indicated on the vehicle, preferably near the fuel tank opening.
12.7 The Dutch and/or English instructions should clearly state the oil level and tire pressure to be maintained.
12.8 The rental agency shall ensure there is adequate breakdown help both in the Netherlands and abroad. Help shall only be applicable to breakdowns abroad if it has been agreed that the vehicle may be used abroad.
12.9 At a minimum, adequate help shall be taken to mean that the rental agency can offer a replacement vehicle, as far as possible an equivalent vehicle, if a malfunction in the vehicle necessitates repair work which is expected to take longer than two working days. If the breakdown is attributable to the renter, the costs of the help shall not be reimbursed by the rental agency.
12.10 On return within opening hours at the location of the rental agency, the rental agency shall inspect the vehicle as soon as possible for any damage and the rental agency shall inform the renter if any damage is discovered.
Article 13: Liability of the renter for damage
13.1 For each damage incident, the renter is liable for rental agency damage up to the level of personal excess (also) stipulated in the rental agreement. In the event of overhead damage to vehicles weighing 3,500 kilograms or less, the personal excess is maximized at € 1,500.00 while all other damage incidents are maximized at € 1,000.00.
13.2 If however the damage is caused by any act or omission in contravention of article 10, the renter shall be fully liable for rental agency damage, unless he/she/it proves that the act or omission was not attributable to him/her/it or complete compensation is unacceptable on the principle of reasonableness and fairness.
For the avoidance of any doubt, If the damage is caused by one or more of the point below but not limited to, the damage will be at the full and unlimited expense of the renter, including the rental price for the period when the vehicle is in for repairs or until it is released by the authorities:
- (gross) negligence or improper use of the vehicle by the renter or driver;
- damage other than impact in on the exterior of the vehicle;
- damage caused by ignoring warning lights and/or signals and/or temperature, oil and/or other gauges;
- damage caused or aggravated by continuing to drive with an overheated engine or an engine without sufficient oil;
- damage to or loss of goods, in case of theft when the renter has left the doors unlocked and/or has left the keys inside the vehicle and/or has not taken into account and/or has not acted upon the security measures required when leaving the vehicle, or injury to persons inside the vehicle;
- if the driver is driving the vehicle illegally or without the rental company’s authorization;
- if the renter does not immediately report the theft of the vehicle, or parts thereof, to the competent (local) authorities, and/or if the renter is unable to produce an official report thereof;
- if the driver was under influence of alcohol, drugs, medication and/or was otherwise intoxicated, as a result of which it can be assumed that it adversely affects his/her driving skills and/or he/she is in violation of the law; and/or
- damage a result of dealing with matters other than driving the vehicle, including sending text messages and/or other operations on a mobile phone or similar device.
13.3 If the vehicle is returned outside the rental agency’s opening hours with the written permission of the rental agency and/or is to be picked up, upon the written permission of the rental agency, by the rental agency from an agreed place other than the business premises of the rental agency, the renter shall, in accordance with paragraphs one or two of this article 13, remain liable for any rental agency damage until the time when the rental agency actually inspects the vehicle, or has it inspected. In the situations described in the previous sentences, the rental agency shall inspect the vehicle at the first opportunity, but in any event within 24 hours after the first opportunity and will inform the renter if any damage is discovered.
13.4 In respect of rental agency damage which consists of financial loss as a result of damage being caused with or by the vehicle to people or property, in respect of which the liability towards third parties is borne by the rental agency, the party in whose name the vehicle is registered or the liability insurer of the vehicle, the provisions in the second paragraph of this section shall only apply if there is no cover or insufficient cover by virtue of the conditions of the Motor Liability Act (WAM) insurance agreement.
13.5 In the event of the vehicle being damaged while it is abroad and the parties have agreed in the rental agreement upon the fact that the vehicle can be used abroad, the costs of repatriating the vehicle shall be for the account of the rental agency, unless the second paragraph of this article 13 is applicable.
13.6 The renter is liable for the actions and omissions of the driver, the passengers and any other users of the vehicle, even if the renter has not given permission to them to use the vehicle.
Article 14: Defects to the vehicle and rental agency liability
14.1 At the request of the renter, the rental agency shall be obliged to repair any defect, unless this is impossible or the required expenditure cannot, under the given circumstances, be reasonably expected from the rental agency. This obligation shall not be applicable if the renter is liable to the rental agency for the cause of the defect and/or for the consequences of the defect.
14.2 The rental agency shall not be liable for any vehicular defects causing the goods being transported to be damaged to the extent the total value of the transported goods exceeds € 15,000.00 unless in accordance with the provisions in article 11, paragraph 7, a higher amount has been agreed. Regarding personal injury, the rental agency shall not be liable if and to the extent the injured party is able to recover his/her damages from a payment by virtue of general insurance or by virtue of other provisions.
14.3 The provisions in the previous paragraph shall not apply to the extent that it relates to defects of which the rental agency was or should have been aware at the time the rental agreement was entered into or to matters which are the result of willful misconduct or gross negligence on the part of the rental agency.
14.4 The website may provide, or third parties may provide, links to other world wide websites or resources. Because the rental agency has no control over such websites and resources, the renter acknowledges and agrees that the rental agency is not responsible for the availability of such external sites and resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The renter further acknowledges and agrees that the rental agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Article 15: Government measures and information to the authorities
15.1 Any sanctions and consequences of government measures related to the renter having the vehicle at his/her/its disposal or making use of the vehicle shall be for the account of the renter, unless these are connected to a defect already present when the rental commenced or the sanctions are related to circumstances within the sphere of control of the rental agency.
15.2 Should these sanctions and measures be imposed on the rental agency, the renter shall indemnify the rental agency immediately upon first request in writing, whereby the renter shall also be obliged to pay administration costs, the minimum amount being € 25.00 (excluding VAT). The rental agency shall do its utmost to minimize these costs. Should the rental agency be obliged to provide information to the authorities due to any act or omission on the part of the renter, such as a traffic offence, the renter shall be obliged to reimburse any associated costs, the minimum amount being € 10.00 (excluding VAT).
15.3 Upon request, the renter shall be provided with a copy of the official document imposing the sanction.
Article 16: Attachment of the vehicle
16.1 In the event of administrative, civil or criminal attachment of the vehicle, the renter shall be obliged to fulfill the obligations of the rental agreement, including payment of the rental sum, until the vehicle, unencumbered with attachment, is (once again) in the possession of the rental agency, unless the attachment is related to circumstances which are within the sphere of control of the rental agency.
16.2 The renter shall be obliged to indemnify the rental agency for any costs resulting from the attachment.
Article 17: Dissolution of the rental agreement
17.1 The rental agency shall be entitled to terminate the rental agreement without notice of default or judicial intervention and to repossess the vehicle without prejudice to its rights to the reimbursement of costs, damages and interest if:
- during the rental period, it becomes apparent that the renter is not, not fully or not in time fulfilling one or more of the obligations arising from the rental agreement, unless the failure as such it does not justify dissolution;
- the renter dies, is placed under guardianship, files for suspension of payments, is declared bankrupt, or has the Debt Management (Natural Persons) Act (Wet Schuldsanering Natuurlijke Personen) declared applicable to him/her;
- circumstances become apparent to the rental agency the nature of which is such that, had the rental agency been aware of them, it would never have entered into the rental agreement.
17.2 The renter shall cooperate with the rental agency in every way so that the rental agency is able to regain possession of the vehicle.
17.3 Should the renter die before commencement of the rental period, the rental agreement shall be dissolved without notice of default or judicial intervention.
17.4 The rental agency shall not be liable for damages as a result of dissolution pursuant to this article.
Article 18 - Force Majeure
18.1 The rental agency will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside the rental agency’s reasonable control (“Force Majeure Event”).
18.2 A Force Majeure Event includes, but is not limited to and in addition to that which is included on this subject in legislation and case law, any act, cause, event, non-happening, omission and/or incident beyond the rental agency’s reasonable control.
18.3 The rental agency’s performance is deemed to be suspended for a period that the Force Majeure Event continues, and the rental agency will have an extension of time for performance for the duration of that period. The rental agency will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations may be performed despite the Force Majeure Event.
Article 19: Miscellaneous
19.1 If any provision of the Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
19.2 The rental agency reserves the right to review and modify the Terms and Conditions at any time without notice, and any modification(s), update(s), and/or change(s) will be deemed effective immediately upon posting on the Website. The rental agency advises you to revisit this page occasionally to become familiar with the most up to date version of the Terms and Conditions.
19.3 The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
19.4 The Terms and Conditions (and any document explicitly referred to therein) represent the entire rental agreement between the renter and the rental agency and supersede any prior rental agreement, understanding or arrangement between parties, whether oral or in writing.
Article 20: Processing of personal data of the renter and of the driver
20.1 The personal details that are stated on the contract are processed by as responsible in the sense of the Personal Data Protection Act in a personal registration. On the basis of this processing, the tenant can implement article 15 of these conditions, execute the agreement, give the tenant or driver optimal service and current product information and tenant or driver make personalized offers. The personal data can also be passed on to bailiffs if there is refueling without payment. Tenant and director can request access and correction regarding the processed personal data and file opposition. If it concerns direct mailing, the resistance will always be honored.
20.2 Auto-Bongers B.V. does everything to guarantee your privacy and therefore handles personal data carefully. Auto-Bongers B.V complies in all cases with applicable laws and regulations, including the General Data Protection Regulation.
- processing of your personal data is limited to only those data that are minimally required for the purposes for which they are processed.
- ask for your express consent if we need it for the processing of your personal data.
- have taken technical and organizational measures to ensure the security of your personal data:
- not to pass on personal data to other parties, unless this is necessary for the execution of the purposes for which they were provided.
- to be aware of your rights regarding your personal data, to point out and respect this.
- the personal details of the driver and / or driver can in any case be included if the vehicle is embezzled, if the time is not met and if the vehicle is intentionally damaged.
Article 21: Disputes and Applicable law
The rental agreement shall be governed by Dutch law. Any dispute arising out, or in connection with, the Terms and Conditions will be exclusively settled by the competent court in The Haque.
Terms and Conditions of Auto-Bongers.nl B.V. are registered with the Commercial Register under Chamber of Commerce number 71574298. The rental agency may also be referred to as HollandAuto.nl.
General terms and conditions (maximum x kilometers per day)
Article 1: Definitions
In these general terms and conditions, the following terms are used in the following sense, unless the nature or purport of the clauses dictate otherwise.
- HollandAuto.nl: the user of these general terms and conditions, part of Auto-bongers.nl B.V., established at Loosduinseweg 585, 2571AH in The Hague, registered in the Trade Register under Chamber of Commerce number 71574298.
- Tenant: any natural or legal person with whom HollandAuto.nl has concluded or intends to conclude a rental agreement.
- Consumer: a tenant as referred to in the previous paragraph, natural person not acting in the exercise of a profession or business.
- Parties: HollandAuto.nl and the tenant together.
- Rental agreement: every agreement concluded between HollandAuto.nl and the renter with which HollandAuto has committed itself towards the lessor to the rental of a vehicle.
- Vehicle: to be made available by HollandAuto.nl to the renter in the context of the lease agreement and / or to the property owned by HollandAuto.nl, including all associated accessories and any extras.
- Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
Article 2: General provisions
- These terms and conditions apply to every offer from HollandAuto.nl and every rental agreement concluded to which these terms and conditions are declared applicable.
- The provisions of these general terms and conditions can only be deviated explicitly and in writing. If and insofar as what the parties have explicitly agreed in writing, such as by means of a signed lease or reservation confirmation, deviates from the provisions of these general terms and conditions, no parties have explicitly agreed in writing.
- Destruction or invalidity of one or more of the provisions of these general terms and conditions or the rental agreement as such, does not affect the validity of the other clauses. In an appropriate case the parties are obliged to consult each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the aim and scope of the original provision are taken into account as much as possible.
Article 3: Offer and establishment of the rental agreement
- Every offer from HollandAuto.nl is without obligation and subject to sufficient availability of the desired vehicle.
- The condition for concluding the lease is in any case that the tenant, or at least the natural person entering into the lease, has reached the age of at least 21 years and at the request of HollandAuto a copy of his driver's license, ID card and or passport, as well as a documentary proof not older than two months, proving the combination name / home address of the tenant.
- The rental agreement is concluded, without prejudice to the provisions of paragraphs 1 and 2, at the moment that:
- the lease drawn up by HollandAuto.nl for this purpose is signed by the tenant; or,
- the online reservation via the website www.hollandauto.nl has been confirmed by e-mail or telephone by HollandAuto to the renter.
- If the tenant concludes the lease on behalf of another natural or legal person, the tenant declares to be authorized to do so by entering into the lease. In addition to this (legal) person, the tenant is jointly and severally liable for the fulfillment of the obligations arising from that lease.
- the amount of the agreed deductible of the tenant;
- the agreed deposit;
- in the case of a kilometer restriction, the number of kilometers per day that can be driven with the vehicle at no extra cost and what rate applies if this limit is exceeded.
Article 4: Content of the rental agreement, delivery and return
Delivery of the vehicle
- The rental agreement is entered into for the definite period of time and at the rental price that are explicitly stated in writing in the rental agreement or in the booking confirmation. The rental contract or the booking confirmation also states the time of the start and end of the rental period. The rental contract or the booking confirmation also states:
- the amount of the agreed deductible of the tenant;
- the agreed deposit;
- in the case of a kilometer restriction, the number of kilometers per day that can be driven with the vehicle at no extra cost and what rate applies if this limit is exceeded.
- In the case of a kilometer limitation, the number of kilometers driven is determined on the basis of the vehicle's odometer, unless this has become defective, in which case the determination will be made reasonably.
- Delivery and return of the vehicle takes place at the location of HollandAuto.nl, unless explicitly agreed otherwise in writing. If collection and / or delivery service has been agreed, additional costs will be charged for this in accordance with the usual rates applied by HollandAuto.nl.
- Unless explicitly agreed otherwise in writing, the agreed rental price and deposit as referred to in paragraph 1, as well as any costs of the collection and delivery service as referred to in the previous paragraph, must be paid in advance by the tenant, by pin or credit card payment. In the case of credit card payment, a surcharge of 5% applies to the total amount. HollandAuto.nl is not obliged to make the keys of the vehicle available to the renter until after the agreed rental price, deposit and any costs of the collection and return service are satisfied.
- The costs associated with the use of the vehicle during the rental period, such as fuel costs, tolls and parking costs are borne by the renter.
- All sanctions imposed by the government in connection with the use of the vehicle during the rental period will be borne by the lessee, unless these sanctions are the result of defects of the vehicle that were already present at the start of the lease, or are otherwise the result of circumstances that are reasonably at the risk of HollandAuto.nl.
- If HollandAuto.nl is called upon to pay sanctions as referred to in the previous paragraph, for which the renter is liable, the renter shall immediately indemnify HollandAuto upon his first request.
- The renter must refuel the fuel suitable for the vehicle, including any additions if required, all this as indicated, for example in the rental contract, in the booking confirmation or at the fuel tank of the vehicle.
- Full or partial waiver or transfer of use of the vehicle for no consideration or for a consideration, or otherwise, is not permitted. Without prejudice to the provisions of the previous sentence, in relation to HollandAuto the renter shall in any case bear the responsibility and the risk of behavior of the person (s) to whom the renter, notwithstanding the provisions of article 7.1, fully de facto controls the vehicle transferred or left in part.
- The renter is not permitted to carry out repairs or maintenance on the vehicle himself or to engage a third party for this, unless this is done with the prior written permission of HollandAuto.
- By entering into the lease agreement, the renter authorizes HollandAuto, or a third party designated by it, to enter the place where the vehicle is currently located and to examine the vehicle. The renter is obliged to make it possible to enter the aforementioned location and to cooperate in the investigation to be carried out by or on behalf of HollandAuto.
- The renter is obliged to make the vehicle available to HollandAuto again on the day and at the time that the rental period ends, in accordance with the provisions of paragraph 3.
- If the renter returns the vehicle earlier than the agreed rental period, this does not give the right to a refund or remission.
- If the renter is in default with the timely return of the vehicle, in the manner agreed for this, HollandAuto is entitled to immediately have the vehicle taken back (or have it taken back). The tenant must fully cooperate with this. All costs that HollandAuto must incur as a result of taking back the vehicle (or having it taken back) in order to regain possession of the vehicle, will be borne by the lessee, unless the late delivery is the result of a defect in the vehicle. as a result of a circumstance not attributable to the tenant
- If the vehicle is not made available again to HollandAuto in time, HollandAuto is entitled to charge the renter 20% of the daily rental price for each hour that the agreed rental period is exceeded. If the excess is more than five hours, HollandAuto is entitled to charge up to 1.5 times the daily rental price per day, without prejudice to HollandAuto's right to claim full compensation. Extra costs related to exceeding the rental period will not be charged to the renter if and insofar as this is unreasonable in view of the circumstances of the case, for example because the vehicle has become defective and the renter was therefore unable to use the vehicle. deliver back in time. Extra costs related to exceeding the rental period will not be charged to the renter if and insofar as this is unreasonable in view of the circumstances of the case, for example because the vehicle has become defective and the renter was therefore unable to use the vehicle. deliver back in time.
- The parties check when the vehicle is returned, in close proximity to each other, whether the vehicle has been damaged or whether defects have occurred.
- The obligations of the renter arising from the rental agreement remain in full force until the vehicle is returned to HollandAuto.
Article 5: Special provisions for contract closing by
Consumers through the website
- In the event that the agreement is established via the website www.hollandauto.nl, there is a distance agreement. The right of dissolution as referred to in article 6: 230o of the Dutch Civil Code does not belong to the consumer because this right does not apply to car rental services and the rental agreement provides for a specific time or a specific period of compliance. Consequently, Article 6: 230p of the Dutch Civil Code provides for the exclusion of the right of dissolution.
- If a complaint from a consumer, in the context of a remote agreement, cannot be resolved in consultation with HollandAuto, the consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers) / odr /).
Article 6: Extension of the rental agreement
Extension of the rental agreement is only possible after prior written approval from HollandAuto. HollandAuto is never obliged to accept a request from the tenant for an extension of the lease. If the parties agree that the lease will be extended, the terms and conditions that apply to the conclusion of a new lease, as stipulated in articles 3 and 4 of these general terms and conditions, will apply.
Article 7: Use of the vehicle
- Only the person or persons who are designated as drivers in the rental contract or the booking confirmation are entitled to drive the vehicle. The renter is therefore not permitted to use the vehicle for anyone other than the person (s) referred to here.If more than one person is designated as a renter in the rental contract or the booking confirmation, the renter guarantees that none of these persons drive the vehicle if they are in such a mental or physical condition that driving the vehicle is not permitted for them or they are apparently authorized to do so being unable to. The renter is jointly and severally liable vis-à-vis HollandAuto for damage to the vehicle caused by any other persons who are designated as drivers in the lease or the booking confirmation. If the renter leaves the use of the vehicle to another person who is designated as a driver in the rental contract or the booking confirmation, the behavior of that other person is regarded as the behavior of the renter. This also applies to other occupants of the vehicle, as well as others to whom the renter, whether or not without his consent, leaves the use of the vehicle.
- The renter will take care of the vehicle as a good renter. The renter must use the vehicle in accordance with the destination of the vehicle; the renter is therefore not permitted to use the vehicle on a circuit or for competitions. Furthermore, the renter is not permitted to use the vehicle on a site for which the vehicle is not reasonably suitable, or where it is indicated that access to it is at your own risk.
- If HollandAuto provides instructions to the renter regarding the use of the vehicle, the renter is obliged to follow these instructions.
- The renter must be careful with all accessories that come with the vehicle, such as keys, the registration certificate and other documents.
- Use of the vehicle is only permitted within the Netherlands, unless explicitly agreed otherwise in writing.
- The renter is not permitted to leave the vehicle in a place without properly locking the vehicle. Furthermore, the renter must prevent the vehicle from being exposed to other than normal risks of theft, loss and damage thereof.
- The renter shall immediately inform HollandAuto both during and after the rental period of all facts and circumstances concerning the vehicle of which the renter should reasonably understand that this information is relevant to HollandAuto, such as attachment of the vehicle. In the event of seizure, the renter must immediately inform the bailiff or attaching party that the vehicle is owned by HollandAuto. The renter must also immediately inform HollandAuto of the seizure.
- In the event of damage to the vehicle caused by a third party or theft or loss of the vehicle, the renter must immediately report this to the police and immediately provide HollandAuto with the obtained declaration form. The tenant must refrain from all recognition of guilt, in whatever form, with the police.
- The renter declares to have received the vehicle in the state in which it was delivered to him. Any damage to the vehicle before the vehicle is delivered to the renter is recorded in writing by the parties.
- Subject to normal wear and tear, the renter must keep the vehicle in the same condition as it was delivered to him during the period that the vehicle is available to him. It is not permitted to make changes to the vehicle, failing which the damage and any costs of repair will be borne by the renter.
- If during the period that the vehicle is available to the renter, there is a defect known to the renter or to the renter apparent damage to the vehicle, the renter is not permitted to use the vehicle if that could lead to a worsening of the defect or damage, or to entail risks for road safety.
Article 8: Damage and liability
- Damage, loss, misappropriation, theft, loss of and defects to the vehicle must be reported to HollandAuto immediately after discovery by the renter.The renter shall provide HollandAuto, its insurer and any other third parties designated for this purpose by HollandAuto, upon request and without delay, with all information and documents reasonably required by them, including but not limited to circumstances that led to the defects, damage, theft, etc., as well as information for obtaining compensation from third parties.
- Damage to the HollandAuto in the remainder of this article means:
- the financial loss suffered by HollandAuto as a result of damage or loss of the vehicle or parts thereof. This damage includes the costs of replacing (parts of) the vehicle and the loss of rental income;
- with or by the vehicle caused by a person or good damage, for which HollandAuto, the registration holder or the liability insurer with regard to the vehicle is liable towards third parties.
- In the event of damage by HollandAuto, the renter is liable per claim up to the deductible stated on the lease.
- If, however, the damage arises as a result of an act or omission contrary to the tenant's obligations arising from the lease (including these general terms and conditions) result, the renter is fully liable for the damage of HollandAuto, unless the renter proves that he cannot be blamed for doing so or if full compensation according to the standards of reasonableness and fairness would be unacceptable.
- For damage by HollandAuto consisting of financial loss as a result of damage caused by or with the vehicle to a person or property, for which HollandAuto, the registration holder or liability insurer with regard to the vehicle, is liable towards third parties, the provisions of paragraph 4 only apply if there is no coverage under the insurance agreement that HollandAuto applies to the vehicle.
- HollandAuto is not liable for damage to goods carried by the renter through the vehicle.
- HollandAuto is not liable for damage to persons if and to the extent that the injured person has been able to recover his damage from benefits by virtue of non-life insurance from benefits other than HollandAuto.
- Insofar as there is damage that does not relate to the vehicle or its use and that is suffered by HollandAuto as a result of a damage caused to the renter imputable shortcoming in the fulfillment of its obligations under the lease, this damage will be borne by the tenant.
Article 9: Terms of payment
- The agreed rent and deposit, as well as any costs of the collection and delivery service, must be paid in advance by the tenant, by means of a pin or credit card payment. In the case of a credit card payment, a surcharge of 5% applies to the total amount.
- The deposit is refunded to the tenant after deduction of any outstanding costs that the tenant owes to HollandAuto, including the possible kilometer price as referred to in Article 4.1. under c and any damage for which the renter is liable to HollandAuto under these general terms and conditions. In the event of damage by HollandAuto as referred to in Article 8.2, the deposit will be returned insofar as it exceeds the amount for which the renter is liable.
- In case the damage of HollandAuto is caused by third parties and HollandAuto has fully recovered the damage from these third parties, the deposit will be paid within 14 days after the damage claim will be returned. HollandAuto will endeavor to recover damage caused by third parties as soon as possible.
- Payment of amounts owed by the renter and not already paid when entering into the rental agreement must be paid upon the return of the vehicle, but insofar as these amounts have not already been established, within 10 days after receipt of the relevant invoice.
- If timely payment is not made, the tenant's default will be legally effective. From the day that the tenant's default occurs, the tenant owes the then applicable statutory (commercial) interest on the due amount.
- All costs in connection with (extra) judicial measures as well as execution costs, which HollandAuto may consider useful or necessary for asserting its rights under the rental agreement, are for the account of the tenant. To the detriment of a consumer, this does not deviate from the provisions of the Collection Costs Act.
- HollandAuto will not charge a consumer extra costs in connection with his / her payment default until after the tenant has been unsuccessfully notified in writing to make full payment within 14 days.
Article 10: Dissolution of the rental agreement
- HollandAuto is entitled to terminate the rental agreement without further notice of default or judicial intervention and to be returned to the possession of the vehicle (or have it returned), without prejudice to its right to compensation for costs, damage and interest if:
- during the rental period the tenant does not, does not timely or fully comply with one or more of his obligations under the rental agreement, unless the shortcoming does not reasonably justify the termination of the rental agreement;
- the tenant dies, is placed under guardianship, is declared bankrupt or the Natural Persons Debt Restructuring Act is declared applicable to him;
- HollandAuto shows the existence of circumstances that are of such a nature that if HollandAutohier had been aware of this before concluding the lease, he would not have entered into the lease.The renter will fully cooperate with HollandAuto to get itself back into the possession of the vehicle.
- HollandAuto is not liable for damage as a result of dissolution of the lease on the basis of the provisions in the previous paragraph. To the extent that this can be attributed to him, the lessee is obliged to compensate HollandAuto for the damage suffered as a result of the termination of the lease.
- If HollandAuto terminates the lease on the basis of this article, all claims against the tenant are immediately due and payable.
- After termination of the rental agreement, the renter is no longer permitted to drive the vehicle, unless HollandAuto explicitly prescribes otherwise in connection with the return of the vehicle.
Article 11: Final provisions
- Only Dutch law applies to every lease and all legal relationships arising from it between the parties.
- Parties will not appeal to the courts until they have made an optimal effort to settle the dispute in mutual consultation.
- Insofar as the law does not forcefully deviate from this under the given circumstances of the case, only the competent court within the district of the location of HollandAuto is designated to take cognizance of any legal disputes between parties.