1) GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions apply to the rental of all vehicles of Dockx Rental nv, whose registered office is at Terbekehofdreef 10, 2610 Wilrijk (Belgium), with company number 0449.245.996 (hereafter: the lessor), to the exclusion of any General Terms and Conditions of the lessee. When reserving and using our vehicles, the lessee is bound by and accepts these General Terms and Conditions.
Each reservation will be confirmed by telephone or e-mail as soon as possible. Only in the case of online reservations will the lessee always get an e-mail confirming that their reservation has been received correctly. If the vehicle is not in stock, Dockx will contact the lessee. The lessee can collect the reserved vehicle at the Dockx Service Shop selected by them. The lessee is asked to bring proof of reservation to the Shop.
By making a reservation on the Dockx Rental website the lessee agrees for the lessor to communicate with them both by telephone and electronically. The lessor is allowed to send e-mail messages and other communications regarding reservations.
The lessee can change or cancel their order by sending an e-mail to firstname.lastname@example.org. In the event an agreement has been concluded, the lessee/consumer may notify the lessor of their withdrawal from the rental, without payment of compensation and without giving a reason, within 14 days of the order and at the latest 48 hours before the vehicle is collected. In any other case in which the customer renounces a reservation or order placed by them and therefore does not collect the vehicle or cancels the reservation within 48 hours, compensation will be charged to the customer in the amount of 75 Euros excl. VAT, 90.75 Euros incl. VAT.
In the event of early termination of the rental agreement, the lessee will pay the rental amount for the initially specified rental period.
All prices are given in Euro. The stated prices are always provided including and excluding VAT, but excluding other costs (deductible waiver amount, fuel consumption, extra kilometres, extra driver and environmental contribution). The above list is not exhaustive. Payment is made in Euro. The lessor has the right to change the indicated price before the lessee places an order.
The lessee must pay an environmental surcharge when renting a vehicle. This amount is not included in the standard rental price and is a flat-rate fee to cover the costs incurred by the lessor for environmental surcharges and waste disposal. The amount due shall be communicated at the latest prior to the conclusion of the contract.
The rental is permitted for the period agreed in the rental agreement. If the lessee wishes to extend the current rental agreement at the end of the agreed rental period, they must request this either on site at the lessor's rental office or in writing (by post or e-mail) to the lessor. This rental agreement will then be adjusted as necessary and a new rental agreement will be drawn up. The extension request must be made at least 24 hours before the end of the agreed rental period. If any of these conditions is not met, the rental agreement will automatically be extended at the same rates and conditions as agreed in the last agreement until the vehicle is returned. These conditions apply to both voluntary and involuntary immobilisation of the vehicle. The lessee bears full responsibility to return the vehicle on time. The vehicles must be returned at the lessee's own responsibility before the end of the rental period stated on the rental contract. The lessor provides the possibility for the lessee to drop off the vehicle outside office hours. The key can be placed in the key box provided for this purpose. The lessee remains liable for all possible damage found on the vehicle until the lessor is in possession of the key(s), vehicle and all documents and accessories, and has had the opportunity to verify the condition of the vehicle. The lessor also has the right to charge the lessee for all additional costs caused by events or circumstances attributable to the lessee. This clause relates to all costs, in the broadest sense of the word, necessarily incurred to recover the vehicle. This means: towing costs, road tax, customs costs, repatriation costs, storage costs, court costs, legal assistance costs, etc. (the aforementioned list is not exhaustive). By signing the rental agreement, the lessee gives permission to the contractual driver to extend the contract and to pay any additional guarantees. The rental agreement between the lessor and a legal entity can be concluded by the representative appointed by the legal entity.
The lessee and/or the contractually determined drivers undertake(s), in case of well-founded reason and motivated request e.g. outstanding invoices, police request, etc., to release the car to the lessor, without being able to claim any compensation in return. With due observance of the rights and obligations of both parties, as flowing from the rental agreement, the lessor may replace the rented vehicle with another vehicle at any time.
A. The vehicles will be made available to the lessee and/or the contractually determined drivers at a Dockx Service Shops or at the car park of a Dockx Rental partners.
B. The vehicles are provided with a copy of all official documents as required by traffic regulations. Before delivering the vehicle to the lessee, the lessee will countersign a checklist signed by the lessor thus ensuring that the vehicle is in good order for departure and that all of the necessary documents are present. After inspection, the lessee confirms with their signature that all documents are present in the vehicle. The lessee has, at their own expense, the documents and permits required by law to perform their intended operations.
C. Before entering into the rental agreement, the lessor will provide the lessee and/or the contractually determined drivers with a contradictory digital damage sheet and checklist in which any visible defects or incomplete equipment is reported. After verification and by signing this checklist, the lessee and/or the contractually determined drivers acknowledge(s) having received the vehicle in the condition described in the checklist and having been provided with the equipment and accessories described in the checklist. The lessee and/or the contractually determined drivers undertake(s) to return the vehicle in the same condition, with the same equipment, apart from normal wear and tear. The lessee's liability for any damage, of whatever nature, is determined in Article 9 of these General Terms and Conditions.
D. In the event that any on-board documents listed in the checklist as present are lost during the rental, the lessee shall pay compensation in proportion to the damage suffered by the lessor, which shall be immediately due and payable. However, the lessee will not be obliged to pay any compensation if they can prove that the aforementioned documents were lost due to no fault or negligence on their part.
E. Unless the damage has already been determined in the contradictory damage sheet, the lessee and/or the contractually determined drivers are always (jointly and severally) liable for any transport damage, i.e. damage caused to the vehicle by the load, as well as for roof damage, i.e. all damage caused by not respecting the free height of the rented vehicle.
F. Before entering into the rental agreement, the lessee and/or the contractually determined drivers check the brakes, lights, fuel volume and odometer. The findings are listed in a checklist or contradictory digital damage sheet. If, during use or on return, it is discovered that one of the marks on the tachograph or odometer has been removed or damaged, the lessee will owe the lessor a flat compensation of 600 kilometres per day.
G. Before entering into the rental agreement, the lessee and/or the contractually determined drivers become(s) familiar with the vehicle's user manual and operating instructions and/or tools and materials. Afterwards, the lessee and/or the contractually determined drivers explicitly declare, by signing the rental agreement, and by the simple acceptance of the rented vehicle and/or tools and materials, that they are familiar with the user manual and instructions.
H. The lessee and/or the contractually determined drivers also declare(s), in so far as legally required, to have the necessary permits as well as sufficient experience to use or drive the rented vehicle.
I. The lessor declares that the vehicle is delivered in full working order technically, and with the statutory technical inspection. If, while driving, the vehicle should suddenly show defects concerning its (proper) mechanical functioning, the lessee is required to inform the lessor immediately.
A. No publicity may be affixed to the vehicle except as expressly authorised by the lessor in writing. All costs incurred as a result are fully borne by the lessee, including the costs of repairs and the costs of removing any advertising placed by the lessee and/or for replacing or renewing the original lettering.
B. The lessee and/or the contractually determined drivers undertake(s):
- To use the vehicle with due care. It is therefore prohibited to load goods into the vehicle that could cause damage either due to their nature (size and/or weight), packaging or the securing method used. The lessee and/or the contractual drivers undertake(s) not to load dangerous goods or goods regulated by the road administration should they not have the required permits.
- To use the vehicle only for its intended purpose. Use for illegal or prohibited purposes or in a competition, for sport (on public roads or on a closed circuit), or any other performance test is prohibited.
- To take all useful measures to prevent improper, unlawful and/or non-contractual use of the vehicle by themself(ves) or by third parties (e.g. leaving the vehicle locked). In the event of seizure or forfeiture of the vehicle, for whatever reason, the lessor shall fully indemnify the lessor against all claims and costs arising therefore. The lessee is liable for all costs resulting from seizure (e.g. towing & storage costs during seizure, fees in connection with release, administration costs, etc.). In the event of seizure, a fixed dossier fee will be charged amounting to 300 Euros excl. VAT, 363 Euros incl. VAT.
- Not to abuse the vehicle in any way, such as speeding, loading beyond the permitted weight, using an appendage with cables or rods, etc.
- Under no circumstances to use the vehicle for illegal or prohibited purposes (both within and outside the borders of Belgium).
- Not to surrender the vehicle, whether for a price or free of charge, and at all times to drive the vehicle or have it driven solely by themself or by the drivers named in the contract only.
- Not to make any alterations to the vehicle. This neither structurally nor by means of screws or similar mounting materials to the formwork of the vans or trucks. The lessee shall reimburse the lessor for all costs for disinfection and cleaning of the vehicle deemed necessary as a result of the transport of live animals, carcasses, fish, manure and chemical fabrics, etc.
- Not to transport or load dangerous products under the ADR regulations into the vehicle.
- Not to smoke or allow smoking in the vehicle. If an unwanted odour is discovered at the end of the rental agreement, a fixed cost of 125 Euros excl. VAT, 151.25 Euros incl. VAT will be charged for deodorising and cleaning the vehicle.
- Not to use the rented vehicle for driving training.
- In the event the lessee only rents a trailer, the towing vehicle must be validly insured, meet all the technical regulations, and successfully pass the necessary legal inspections.
The lessee and/or the contractually determined drivers are always (jointly and severally) liable for any offences committed with the vehicle, regardless of who was driving the vehicle at the time, including with regard to offences committed by third parties to whom the lessee and/or the contractually determined drivers should not have given the vehicle as per this agreement. They will have to pay all fines, taxes, fees and/or compensations resulting from the above.
The lessee remains at all times liable for the payment to the reporting or determining body of the fines incurred, of taxes or of fees as a result of infringements in the broadest sense of the word, except if these are not attributable to the lessee and/or the (non) contractually determined drivers. In addition, for each tax, fee and/or fine incurred, an administrative cost of 30 Euros excl. VAT, 30 Euros incl. VAT per fine/tax/fee will be charged to the lessee.
The lessee and/or the drivers declare they have valid identity documents, a valid driver's license, the necessary permits and the required experience to use the rented vehicle.
Fuel consumption is always and wholly the responsibility of the lessee, who must use the correct fuel according to the technical requirements defined by the vehicle manufacturer. The lessee and/or the contractually determined drivers will check the water and oil level daily and keep them at least at the prescribed level, as well as check the antifreeze content and top it up as necessary. In the event of negligence, any damage will be fully at the lessee's expense. At the first request of the lessor, the lessee and/or the contractually determined drivers also undertake to bring the rented vehicle in for periodic maintenance on time. All mechanical damage resulting from this will be fully borne by the lessee and/or contractually determined driver(s).
The lessee and/or the contractually determined drivers will immediately report all defects and faults in the vehicle to the lessor. If a repair proves necessary during use, this should be entrusted to the lessor. If this proves impossible, the lessee must obtain written approval from the lessor in advance, before having the vehicle repaired by a third party. The lessor will notify the lessee of the authorised garages closest to the rented vehicle. The lessee undertakes to contact one of these authorised garages in the first instance. The lessee shall be responsible for any repairs carried out without the lessor's express permission. Exceptions shall be made for urgent interventions to ensure the preservation of the vehicle (e.g. fire). The lessee and/or the contractually determined drivers undertake to return the vehicle to the lessor at their expense at any time.
In the event of a puncture, in order to limit the damage as much as possible, the lessee and/or the contractually determined drivers will ensure that the spare tyre, if there is one, is fitted immediately and that the flat tyre is repaired immediately. In the event the lessee and/or the contractually determined driver(s) fail to do so, which can be determined on the basis of the damage to the tyre, the lessee and/or the contractually determined driver(s) are obliged to pay the lessor the value of a new tyre of the same type. If the driver continues driving on the flat tyre, all consequential damage to the rim and drive will be borne by the lessee.
If the vehicle is not equipped with a spare wheel, a repair kit will always be available in the vehicle. If the repair kit cannot be used because the puncture in the tyre is so severe, any repair costs will be borne by the lessee. The costs of a new tyre shall be borne by the lessee, with the exception of subscribing to a complete buyout of the exemption – called maxi cover.
Costs incurred by the lessee and/or the contractually determined drivers, and for which they have obtained the prior consent of the lessor, will only be reimbursed to them if the invoices concerned are drawn up in the name of Dockx Rental nv, Terbekehofdreef 10, 2610 Wilrijk (Belgium), BE 0449.245.996.
The lessee undertakes, upon simple request of the lessor, to present the vehicle for a monthly evaluation to assess the condition of the vehicle and for the registration of the mileage. Any contractual deductible or exemption for any damage established during the inspection is fully payable by the lessee to the lessor at that time.
The lessor shall pay for all material damage to the rented vehicle caused by the lessee and/or the contractual driver(s), with the exception of the contractual excess mentioned in the Special Terms and Conditions attached to this agreement and the exclusions mentioned below. The lessor undertakes to have the damage caused by the lessee repaired by their own means without the intervention of an insurance company. However, the lessee must pay the amount of the contractual excess themself, except in the case of force majeure as stipulated in Article 15 of these Conditions, or when the damage caused can be recovered from a third party whose liability has been proven. In the event of liability of a foreign counterparty, the personal damage exemption is due until the moment of recovery of this counterparty’s own damage.
Subject to payment of a redemption fee, the lessee can reduce the amount of the excess in the event of damage as per the offers and rates provided to them, which they acknowledge being made aware of at the time of entering into the agreement. An exemption for personal damage is due per claim. In other words, multiple damages means multiple exemptions.
Subject to payment of the highest redemption fee, meaning the lessee has to pay the smallest excess in the event of damage, the lessor undertakes to provide a new tyre or to repair the tyre at its own expense in the event of a flat tyre or a blowout. Any costs of a new rim are borne by the lessee and are included in the contractual deductible. Except in case of extreme urgency, such tyre replacement or repair may only be carried out with a written order from the lessor. The associated breakdown costs are in no way included in the rental agreement and will be charged separately to the lessee.
When paying the highest lump sum payment so the lessee has to pay the smallest amount of deductible in the event of damage, the lessor also undertakes to pay for a new window or repair of the windscreen in the event of glass breakage to the windscreen. The associated assistance costs are not included in this rental agreement and will be charged to the customer. All damage to windows other than the windshield shall be borne by the lessee. Except in case of extreme urgency, repairs may only be carried out with a written order from the lessor.
The purchase of the contractual deductible does not apply in the event of theft, where the maximum contractual deductible will always apply (i.e. the deductible without redemption).
No VAT will be charged on repair costs to the lessee.
Towing, collection and repatriation costs will always be invoiced in full and are at the expense of the lessee. In the event of damage involving the lessee’s liability, a dossier fee of 50 Euros excl. VAT, 60.5 Euros incl. will be charged.
Exclusions: regardless of any lump sum paid, the lessee will in any case be fully responsible for all repair costs to the vehicle:
- in the event of serious misconduct, fraudulent intent on the part of the lessee and/or the contractually determined driver(s) or his/her appointee, in the event of drunkenness or any form of intoxication or narcotics.
- when the cause of the accident and the resulting damage is due to exhaustion on the part of the lessee and/or the contractually determined drivers of the rented vehicle, as a result of non-compliance with legislation and regulations regarding driving and rest periods.
- for any roof and transport damage, i.e. damage caused to the vehicle by the load, as well as for roof damage, i.e. any damage caused by not respecting the clear height of the rented vehicle. In the event of roof damage, a lump sum loss and an administrative cost of 400 Euros excl. VAT and 484 Euros incl. VAT will be charged.
- in case of violations, accidents or damage caused by undeclared driver(s) or lessees.
- in the case of driving a vehicle without having a valid driver’s licence.
- for the repair, replacement and assistance of the vehicle after misfuelling of diesel in a petrol vehicle or petrol in a diesel vehicle.
- for repair, replacement and assistance of the vehicle after filling the ad-blue additive into a tank other than the one provided (e.g. diesel tank or oil tank).
- for all towing and repair costs resulting from late refilling of the ad blue reservoir.
- for all towing and repair costs resulting from refuelling or topping up with fluids other than those to be provided in the reservoirs of Ad-Blue, diesel or petrol, coolant, windshield wiper fluid.
- for all towing and repair costs resulting from the refilling of oil or another fluid in the engine that is not prescribed by the manufacturer of the vehicle
- for repair, replacement and breakdown of the vehicle due to negligence in maintaining the water and oil level at the correct prescribed level, as well as also checking the antifreeze content and topping up if necessary.
- for assistance and restart after a breakdown due to an empty fuel tank and/or an empty ad-blue tank.
- for replacement, repair and assistance in case of a flat tyre. If the lessee has paid the maximum redemption fee for the contractual excess, all replacement, repair and assistance costs will be at the expense of the lessee, with the exception of the costs for the purchase of a new tyre.
- for assistance and to restart the vehicle after a flat battery.
- due to damage caused by the use of the vehicle not in accordance with the purpose for which it was intended (such as cleaning costs for disinfection and cleaning necessary as a result of the transport of live animals, carcasses, fish, fertilisers and chemicals, etc.).
- for consequential damage to the engine or the drive following an accident if the lessee continues to use the vehicle after the accident.
- in the event of loss of or damage to the charging cable for electric or hybrid vehicles, the lessee will reimburse the lessor for the purchase of a new cable.
- the breakdown costs resulting from a flat battery in a vehicle driven by an electric motor.
- all costs resulting from seizure for unauthorised use of the vehicle; the rental period runs until the day the vehicle is returned to the lessor. The costs of repatriating the vehicle to the lessor's registered office will be fully at the expense of the lessee or their nominee. The storage costs are also at the expense of the lessee. In the event of seizure, a dossier fee will be charged amounting to 300 Euros excl. VAT, 363 Euros incl. VAT. This dossier fee does not include fees and repatriation costs. These will be charged separately to the lessee. In the event of a seizure abroad, a dossier fee will be charged amounting to 450 Euros excl. VAT, 544.5 Euros incl. VAT. All consequential damage caused by the transport of goods in a passenger car insofar as they are not loaded in the loading space provided for this purpose.
- Damage caused by the intake of water through the air intake of the engine as a result of voluntarily entering deep standing water, canals, water bodies, etc. with the vehicle.
- Any damage caused to the dashboard and the dashboard parts such as: displays, built-in tablet, control handles, radio, dashboard upholstery, etc.
- All mechanical damage to the clutch, clutch plate, flywheel and drive train as a result of excessive driving behaviour or due to incorrect manipulation of the clutch pedal by the driver of the vehicle.
- All damage to the interior and electronics of the vehicle caused by drinks spilled over the dashboard or other interior parts.
- the costs of a new tyre in the event of a redemption exemption other than the maxi cover.
In the event of damage, including accidental damage, the lessee is obliged to notify the lessor of this in writing immediately and at the latest within 24 hours. The lessee expressly undertakes to reimburse the lessor, within 8 days of receipt of the relevant invoice, for all repair costs incurred as a result of the accident in which they were involved, without prejudice to their civil or criminal liability for the accident. If these costs are subsequently reimbursed by an insurer, the lessee shall receive a refund, minus the deductible amount, as contractually determined. If the lessee so requests, they will after full payment of the full repair costs be subrogated to the rights of the lessor, against any liable third party or insurer. This subrogation will then be the subject of a separate agreement. In addition, the lessee will at all times and within 24 hours after the accident, send a clear and fully completed and signed accident report to the lessor, accompanied by the number of the official report drawn up by the police of the location where the accident or damage occurred. In the event of failure to report an accident, the lessor does not undertake to pay for the damage caused and all consequences and costs thereof shall remain entirely at the expense of the lessee. The lessee and/or driver will immediately submit any notice of default, assignment or other documents to the lessor. To determine the repair costs, the lessor requests specifications from a bodywork company, whereby the lessee always has the right to carry out a counter-assessment within a period of 15 working days after the end of the rental agreement. This can only be carried out by a recognised car expert. The costs of this assessment shall be borne by the lessee.
The lessee acknowledges that all occupants are covered by civil liability insurance during the use of the rented vehicle, regardless of whether the driver named in the contract is liable. The number of occupants is determined by the vehicle homologation and may in no event be exceeded. The driver named in the contract is not insured for personal injury resulting from an accident for which they are liable. The repatriation of persons is not included in the rental agreement. Furthermore, the rental agreement does not cover the repatriation of the vehicle in Belgium or from abroad for reasons for which the lessee is liable. When using the rented vehicle abroad, we recommend that the driver and passengers of the rented vehicle take(s) out travel/assistance insurance.
The rental agreement includes legal assistance for civil recovery in connection with damage that may be recoverable from an opposing party. Legal aid for criminal prosecution is not included.
As soon as the theft or disappearance of the rented vehicle is discovered by the lessee and/or the contractually determined drivers, they must immediately report this to the police and immediately provide the lessor with the details of the official report drawn up, as well as a clearly legible copy thereof. In the event of failure to do so or late reporting, the lessee (except for proven force majeure) will no longer be able to claim any exclusion, and will have to compensate the lessor for the full damage suffered from the loss of the vehicle. If the lessee no longer has the key to the vehicle, they will also have to compensate the rental company for the full damage caused by the loss of the vehicle.
If the lessor has to use the tracking system in the vehicle in order to regain possession of their vehicle if the lessee does not return it or returns it late, a fixed cost of 15 Euros excl. VAT, 18.15 incl. VAT will be charged per intervention.
All of our rental vehicles subject to the kilometre charge for trucks are fitted with a device (OBU) to pay this toll. It is the joint responsibility of the lessee and the contractual driver(s) to ensure the correct operation of the OBU and to activate the device. In the event of malfunction or non-functioning of the OBU, toll roads should no longer be taken and the operator of the system should be informed immediately (see instructions on the unit). All direct and indirect costs resulting from a deactivated or absent OBU, or from failure to report a defective OBU as per the instructions, will be charged to the lessee and/or driver. The lessor also reserves the right to pass on the identity of the lessee and/or driver to the reporting authority to be handled directly.
The mileage charge is charged separately on a flat-rate basis, at a fixed price per kilometre and/or per rental day, regardless of whether the vehicle travelled on paved or non-paved roads in Belgium. The lessee/driver is responsible for the legal obligations concerning taxes due abroad (e.g. Eurovignette, maut, etc.).
A. The deposit must be made upon signing of the rental agreement. It will only be returned to the lessee and/or guarantor upon return of the rented vehicle, and only after a contradictory inspection of the vehicle has shown that the vehicle is free of damage, and a fortiori after all sums that the lessee owes to the lessor have been paid to the latter. The deposits deducted can be assigned by the lessor for all amounts owed by the lessee to the lessor.
B. Rentals are subject to the rental price set out in the agreement. Rental prices are fixed for each type of vehicle and on the basis of a mileage flat rate. Additional kilometres driven will be invoiced in a separate section. The prices laid down in this agreement take precedence at all times over prior quotations, price lists or agreements made.
C. In the event of a deposit by credit card, by signing the slip, or by entering their personal electronic code at the terminal, which connects the lessor to the financial institution, and by initialling/signing on the rental agreement, the guarantor authorises the lessor to collect the amount due. The deposit must be paid online for reservations via the online tool or the rental application.
Unless otherwise agreed, all invoices from the lessor are payable immediately and in cash at the latest on the due date.
In the case of rental to a company, any invoice not paid on its due date will be increased automatically, and without notice of default, by late payment interest equal to the interest rate referred to in Article 5, second paragraph, of the law of 2 August 2002 on the combating of payment arrears on commercial transactions, with a minimum of 8% per year until the date of full payment. In addition, after this period has passed, the invoice amount will also be increased by a fixed compensation amounting to 20 Euros if the due balance is less than or equal to 150 Euros; 30 Euros plus 10% of the due balance if the due balance is between 150.01 and 500 Euros; and 65 Euros plus 5% of the due balance up to a maximum of 2000 Euros if the due balance is higher than 500 Euros. In addition, a lump sum of EUR 7.5 excl. VAT, 7.05 incl. VAT plus the actual postage costs will be charged per reminder.
In the event of rental to a consumer, a first free payment reminder will be sent for an invoice that has not been paid by the due date. If the lessee-consumer has not paid the invoice after the expiry of a period of fourteen calendar days after the payment reminder, the invoice amount will be increased by operation of law by late payment interest equal to the interest rate referred to in Article 5, second paragraph, of the law of 2 August 2002 on the combating of payment arrears on commercial transactions until the day of full payment. In addition, after this period has passed, the invoice amount will also be increased by a fixed compensation amounting to 20 Euros if the due balance is less than or equal to 150 Euros; 30 Euros plus 10% of the due balance if the due balance is between 150.01 and 500 Euros; and 65 Euros plus 5% of the due balance up to a maximum of 2000 Euros if the due balance is higher than 500 Euros. In addition, a lump sum of EUR 7.5 excl. VAT, 7.5 incl. VAT plus the actual postage costs will be charged per reminder.
In the case of electronic transmission, the period of fourteen calendar days starts on the calendar day following the day on which the reminder was sent. In case of sending by post, this period starts on the third working day after sending the reminder.
The lessee has the same rights as the lessor in the event the latter fails to comply with their payment obligations.
Any complaints or protests regarding the invoiced performances/services must be submitted within 8 days of the invoice date, failing which they will no longer be accepted.
In the event of non-payment of one invoice, all other invoices that have not yet expired will also become immediately due and any other deviating price agreements and/or payment arrangements will also lapse.
The lessor shall not be responsible for any loss or damage caused by delay or failure to perform its obligations under these General Terms and Conditions, if caused by strike, occupation, riot, war, fire, force majeure, accidents, defects or shortages at the lessor's suppliers, government restrictions, failure to grant import or export licenses, subordination to the law, regulation or order, or due to other unforeseeable circumstances or causes, which severely hinder the performance of these General Terms and Conditions. Nor is the lessor liable for the consequences of undetectable defects and mechanical problems that may occur without any fault or negligence in normal maintenance. Without prejudice to the other provisions of these General Terms and Conditions, the lessee shall not be liable in the event of proven force majeure, on the understanding that financial insolvency and damage caused by an unidentifiable third party (e.g. theft or vandalism) can never be considered as force majeure.
Without prejudice to the provisions of Article 2 (reservation through the website), the written communication between the lessee and the lessor shall be carried out by e-mail or by post (at the choice of the lessee) to the (electronic) address specified in the Special Terms and Conditions. Both the lessee and the lessor are solely responsible for informing the other party of any change to their (electronic) address.
The parties accept that the electronic communication between them may serve as evidence under this agreement.
This agreement is governed by the legal rules applicable in Belgium. In the event of dispute concerning one or more provisions of the rental agreement, and if the lessee is not a consumer, only the Courts and Tribunals of the judicial district of Antwerp, Antwerp division, will have jurisdiction. However, if the lessee is a consumer, the Courts and Tribunals of the defendant's domicile or the court of the place where the agreement was concluded or is being executed shall have jurisdiction (Art. 624 Judicial Code), without prejudice to the application of Articles 17, 18 and 19 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.
2) SPECIAL TERMS AND CONDITIONS FOR RENTAL VIA THE MOBILE APPLICATION
The following Special Terms and Conditions will apply to the rental of all vehicles of Dockx Rental via the Reservation procedure (as defined below) with the online application made available by Dockx Rental, to the exclusion of any General Terms and Conditions of the User.
For all matters not regulated in these Special Terms and Conditions, the General Terms and Conditions of Dockx Rental apply. In the event of any conflict between these Special Terms and Conditions and the General Terms and Conditions, these Special Terms and Conditions shall prevail.
When registering, reserving and using our vehicles, the User is bound by and accepts these Special Terms and Conditions.
"Applicant": the person who wishes to register under the Registration Procedure in Article 20.
"App": the Dockx software application accessible via a mobile device, through which the User can access the Dockx Rental service.
"On-board Documents": all of the documents listed below that can be found in each vehicle. This covers: the insurance certificate, a duplicate of the registration certificate and of the conformity certificate, a European accident form and, if applicable, a copy of the vehicle's technical data sheet and a copy of the technical inspection report.
"Check-out Procedure": the procedure to follow on the App just before using the vehicle at the beginning of the Rental.
"Check-in Procedure": steps that the User needs to take on the App to terminate the Rental when returning the Vehicle.
"Dockx Rental": part of Dockx Group (Emporia Invest Holding & Finance BE0478.075.980) whose registered office is located at Terbekehofdreef 10, 2610 Wilrijk (Antwerp), Belgium.
"Use": the non-exclusive, non-transferable right to use the Services in accordance with and within the limits of the General Terms and Conditions.
"User": the lessee who, after registering, makes use of the Dockx Rental App and who must comply with the description in Article 20, point 3 of these Special Terms and Conditions.
"Rental": the period of use, for a fee in accordance with the agreed rates, of a Vehicle by a User. The Rental starts upon completion of the Check-out Procedure via the App and ends upon completion of the Check-in Procedure via the App.
"Total Price": amount that the User owes as a result of their involvement in the rental system, including insurance, environmental surcharge and other surcharges.
"Agreement": the agreement concluded between the User who wishes to rent a Vehicle and Dockx Rental, regardless of whether the rental takes place via the App, via the Dockx Rental website or at a Dockx Rental Service Shop.
"Registration": the registration process in Article 20 that must be completed through the App or website in order to become a User.
"Reservation": the reservation of a Vehicle in accordance with the procedure described in Article 22 of these Special Terms and Conditions.
"Vehicle": any motorized vehicle offered by Dockx Rental.
"Terms and Conditions": these Special Terms and Conditions for the App and the General Terms and Conditions that apply to each Dockx Rental service.
"Deposit": a security in the form of money paid to Dockx Rental prior to the use of the rented vehicle. The Deposit covers the costs of the Rental, the excess in the event of any damage and penalties if the User does not pay their final bill.
"Rental Point": the locations determined by Dockx Rental where Vehicles are offered for rent. This may be at a Dockx Service Shop or an unmanned shop. The Rental Point is visible on the App.
In order to become a User, an Applicant must first go through the Registration Process via the App or have previously registered as a customer at a Dockx Service Shop. Dockx Rental will only formally accept an Applicant as a User provided at least the following constitutive conditions have been met:
- The User completes their Registration and provides all necessary information and documents for this purpose:
- a valid e-mail address, password and a valid mobile telephone number;
- a surname, first name and date of birth;
- a valid identity card (copy);
- a valid driver’s licence (copy);
- the full address;
- the national register number;
- the language in which the User wishes to be addressed (Dutch, French or English).
- The User declares and guarantees the veracity and accuracy of all of the documents supplied. The User must be at least 21 years old and have held a valid European driver's license for over one year, authorising them to drive a Type B vehicle in Belgium for the duration of the Rental. A provisional or temporary driving license or a certificate proving that a driving license has been lost is not accepted for Registration. The User grants the right to Dockx Rental to check the authenticity of their driver's license.
- The User adds a recto verso copy of their electronic identity card (eID) and of their European driving license to their profile. Both documents can be photographed via the App.
- The User has a credit or debit card in their own name and linked to their own bank account at a bank that allows them to be credited in Euros (€). The User grants permission to Dockx Rental to debit the Total Price and any cancellation or other costs laid out in Article 22 or, in the event of damage, the compensation owed at the User's own risk.
- The User has no outstanding debts with Dockx Rental.
- The User owns or has a mobile device that is suitable to use the App and the Vehicle.
Dockx Rental reserves the right to approve or reject the Registration. After the Applicant has provided the requested information, Dockx Rental will validate the information. Compliance with the aforementioned eligibility criteria does not automatically entitle an Applicant to acceptance of the Registration.
The User can only use the App after completion of the Registration Procedure.
Users who have registered can unsubscribe at any time by sending a request to Dockx Rental via e-mail at email@example.com. Their deregistration takes effect as soon as Dockx Rental confirms that no outstanding amount is due.
The App has several functionalities and i.e. makes it possible for the User to:
- Register as a User.
- Reserve a Dockx Rental Vehicle at one of the designated Rental Points.
- Terminate the Rental of the Vehicle being used subject to the General Terms and Conditions set out herein.
- Read the instructions on how to use the reserved Vehicle.
- Find answers to general user questions in the "Frequently Asked Questions" (FAQ) section.
- Contact the assistance service using the contact details.
Making a reservation
The User creates - via the App - a Vehicle Reservation by specifying the Reservation date and time and the desired Vehicle pick up location.
Immediately it is checked whether a Vehicle is available and whether it is available during the desired period. The User can only reserve a Vehicle if it is free and available.
Cancelling a Reservation
The User may cancel the Reservation free of charge up to a maximum of 48 hours before the Vehicle is made available. If a User does not cancel a reservation in time, Dockx Rental is entitled to charge a cancellation fee of 75 Euros excl. VAT, 90.75 Euros excl. VAT. In the event Dockx Rental fails to deliver a vehicle on the date of reservation, cannot offer an alternative, or cancels a reservation, the User is entitled to compensation of 61.98 Euros excl. BTW, 75.00 Euros incl. VAT.
If a Reservation is not cancelled, but the User does not use the Vehicle, they will pay the Total Price for the reserved duration in full.
Duration of the Rental
The start date and duration of the Rental of the Vehicle are stated clearly in the Dockx Rental Reservation confirmation.
At the time of Reservation, the User must estimate how long they will need the Vehicle and is requested to complete the Check-in Procedure prior to the expiry of the Rental.
If the User leaves the Vehicle at the designated Rental Point earlier than the planned end of the Rental, they will still be required to pay the full Total Price of the initially specified reservation period.
If the reserved Rental is exceeded, the Rental will be extended automatically and the Total Price will be increased. If the User wishes to extend the Rental, they must request this via the App before the expiry of the original Rental Period. The Rental will only be automatically extended on each occasion if it does not conflict with subsequent Reservations. If the Rental is not renewed and the User nevertheless continues to use the Vehicle, the User will pay 1.5 times the applicable Total Price for each day commenced until the Vehicle is duly returned, and reimburse all damages and costs caused by the breach of the Rental.
Dockx Rental reserves the right to terminate the Rental if the User exceeds the reserved Rental and an extension is not possible (e.g. due to subsequent Rentals).
The User can access the Vehicle via their smartphone from the Reservation time. An 'Open Vehicle' button and a 'Close Vehicle' button will appear on the current rental screen for the duration of the reservation. These buttons will remain available until the Check-in Procedure is completed.
Upon effective receipt of the Vehicle, the User should follow the Check-out Procedure and should thoroughly inspect the received Vehicle, both externally and internally, to ensure that it is free of defects and/or damage. Before using the Vehicle, the User should enter any damage found via the corresponding function in the App and provide photographic evidence. Only photos made available through the App will be accepted. Other comments or defects can be entered in writing in the App.
Once the Check-out Procedure has been completed, the User can depart with the Vehicle.
The User's acceptance of the Vehicle without objection (via the App) implies that the User acknowledges receiving the Vehicle in the condition in which the Vehicle was delivered after Use and that all on-board documents are present in the Vehicle. The acceptance of the Vehicle without objection deprives the User of the right to seek any recourse or legal remedy relating to alleged damage and/or defects supposedly present prior to acceptance.
Acceptance will result in transfer of the legal custody of the Vehicle to the User for the entire rental period.
At the end of the Rental, the User returns the Vehicle by parking it at the location described in the reservation confirmation and then follows the Check-in Procedure. The Vehicle is only considered to have been formally returned once the User has gone through the Check-in Procedure.
Completion of the Check-in Procedure by clicking on the 'Reservation Finished' button will be considered the time at which the Vehicle Rental ends.
If during the Check-in Procedure the User notices damage or defects that were not indicated during the Check-out Procedure, the User must immediately report this during the Check-in Procedure via the corresponding function in the App. Damage can also be reported at any time during the Rental period under the tab 'Damage Observed'. After completion of the Check-in Procedure, it is no longer possible for the User to report defects and/or damage.
The User agrees to return the Vehicle to the Rental Point where it belongs. This is normally the same Rental Point as the one where the Vehicle was received. Dockx Rental is entitled to charge a fee for the costs of returning the Vehicle to the initial Rental Point.
Prior to completing the Reservation, the User will be asked to provide Dockx Rental with a refundable Deposit which varies depending on their choice of Vehicle type and the duration of the associated Rental. This Deposit can only be paid by authorisation on a credit card or by debit card payment. All rentals must be covered by a Deposit, unless the User has been exempted with the explicit written permission of Dockx Rental.
The Deposit will be released or returned to the User within five working days after returning the Vehicle, after deduction of any amounts the User owes Dockx Rental based on the General Terms and Conditions. In the event of damage, the release and return of the Deposit may be postponed until the claim has been completed.
The User can pay by Bancontact or credit card. The User has the choice to pay the Total Price at the time of the Reservation or only at the end of the Rental. In all cases, the User will receive the invoice immediately after returning in the Vehicle via the email address provided and on the App under 'My Reservations'.
The User agrees, to the extent permitted by law, that Dockx Rental tracks User movements when the App is running on the User’s mobile device. Dockx Rental manages the use and collection of this data in accordance with the legislation in force at the time.
3) PRIVACY LAW AND GENERAL DATA PROTECTION REGULATION
As the lessor and owner of a vehicle, we are legally obliged to disclose the identity of the lessee/driver(s) at all times as part of the identification of an offender under the Road Traffic Act. Consequently, we are required to keep the data regarding the lessee/driver(s) in a secure environment.
Article 67bis of the Road Traffic Act states: When an offence under this law and its implementing decisions is committed with a motor vehicle registered in the name of a natural person and the driver could not be identified at the time the offence was observed, it is presumed that the offence was committed by the holder of the vehicle’s number plate. The presumption of guilt can be refuted by any means.
And Article 67ter of the Road Traffic Act states: When an offence under this law and its implementing decisions is committed with a motor vehicle registered in the name of a legal person, the natural persons who represent the legal person by law must disclose the identity of the driver at the time of the offence, and if they do not know the identity, the identity of the person in possession of the vehicle.
Notification must take place within a period of 15 days from the date on which the request for information appended to the copy of the official report was sent.
If the person in possession of the vehicle was not the driver at the time of the offence, he must also disclose the identity of the driver in the way mentioned above.
The natural persons who represent the legal person by law as holder of the number plate or as holder of the vehicle must take the necessary steps to comply with this obligation.
The person concerned may consult their data for thirty days, but this does not release the lessor from their obligation to keep the contractual data in unaltered form. Each request must be made in writing by sending an e-mail to firstname.lastname@example.org.
The lessor declares that the data of the lessee/driver(s) are stored on secure hardware that can only be consulted by authorised persons. These data will only be used within the context of any legal obligation relating to road traffic law and the law on non-marine insurance.
The lessor’s vehicles are fitted with a tracking system. The data are saved in a secure environment that is only accessible by a person authorised by the lessor. The tracking system has the purpose of protecting the vehicle against theft. The data can only be released with a court order issued by an examining magistrate or within the context of an insurance fraud investigation.
If the lessee/driver has given permission for their details to be used for contact by e-mail, text message, fax, post, they will only be used for communication relating to the rental of a vehicle and any other communication in the context of the Dockx Group's activities. The data are stored in a secure environment and will be used for no other commercial purposes whatsoever other than those relating to Dockx Group.
The lessee/driver has the right at all times to view their data, correct errors or remove their data from the file, and can at all times withdraw their consent for the use of their data. The data will then no longer be used for internal commercial purpose but will still be store in accordance with the applicable legal obligations. For this purpose the lessee can send an e-mail to: email@example.com.