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, 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.

Definitions

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, 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 metres above the ground or by a collision involving property attached to the vehicle at a point more than 1.90 metres 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 kilometre, 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 kilometres driven shall be established on the basis of the odometer, unless the odometer is defective. Any kilometres 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, Eurovignette 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 creditcard or debit account of the renter and not in cash. The desposit 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 desposit payable. Payment in advance of the rental price and the desposit 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 authorisation 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 possesion 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 tyre 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 fulfil 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 minimumcharge 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 refuelling, with a mimimum 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 defence 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 tyre 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 maximised at € 1,500.00 while all other damage incidents are maximised 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) neglicence pr 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 authorisation;
    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 during 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 wilful 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 avaliable 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 minimise 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 fulfil 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 supended 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 endeavours 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 convience 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: 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.

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