This is the Dockx Rental nv website
Dockx Rental nv is domiciled on:
VAT number: 0449 245 996
GENERAL TERMS AND CONDITIONS WITH REGARD TO THE USE OF THIS WEBSITE
The following general terms and conditions will be applicable to the hire of all vehicles that can be found on the Dockx Rental nv website. The fact that the customer has not received the terms and conditions at hand in his native language does not relieve him of their application. When reserving our vehicles, you are committed to and accept these general terms and conditions. Dockx Rental nv reserves the right to change these terms and conditions without prior warning, this at our own discretion.
All prices are indicated in Euros. These prices are always quoted inclusive and exclusive of VAT; however, excluding additional costs (insurance expiration, fuel consumption and the supplementary grant for anti-pollution investment). Payments are made in Euros. Dockx Rental nv reserves the right to change the quoted price before you place an order.
Each reservation made via the website will be promptly confirmed by email. You will always receive an email to confirm the correct receipt of your reservation. We will also email you in case the vehicle you requested is unavailable. We will indicate by means of a second email when your reservation has been effectively registered into the planning. It is possible for you to change or cancel your order - at least 48 hours in advance - via an email sent to email@example.com.
Collecting the vehicle at the Dockx Service Shop
You can collect the reserved vehicle at the Dockx Service Shop indicated by you. Please bring with you a copy of your reservation form. On this form the reserved models and prices are given. In the event of non-collection or late cancellation of the reserved vehicle, you will be charged 100 euros.
Dockx Rental nv is not responsible for loss or damages caused by delay or by the non-execution of its obligations included in these terms in case these damages were caused by strikes, occupation, riots, war, fire, force majeure, accidents, deficiencies or shortages with the suppliers used by Dockx Rental nv, restrictions imposed by the government, the non-assignment of import or export licenses, subordination to the law, regulations or command, or attributable to other circumstances or causes that could affect the mal-execution of these terms, or regardless of circumstances beyond the control of Dockx Rental nv.
Authorities and jurisdiction
The hiring out of goods is fully subject to Belgian legislation; the Vredegerecht (justice of the peace court) of the seventh canton in Antwerp and the law courts of the Antwerp judicial district are authorised.
Letter headings and termination
All letter headings of these terms are intended for convenient reference only and are extraneous to these terms. These letter headings are not applicable with regard to the interpretation or explanation of these terms. In the event that a certain definition or phrasing in this agreement becomes or would be declared invalid or unfeasible, due to whatever reason, then this definition or phrasing will remain feasible as far as legally possible, and the validity, legality and feasibility of the remaining definitions will not be affected or influenced in any way.
Use of electronic communication
The reservation of vehicles on the Dockx Rental website takes place electronically. You are thereby in agreement with the fact that Dockx Rental communicates with you electronically. Dockx Rental nv is permitted to send you email messages and other messages with regard to your reservation via the Internet.
Insofar as the law permits, you are in agreement with the fact that the above-mentioned replaces every piece of legislation that prescribes other methods or timing with regard to the receipt of notification as regards your order.
Dockx Rental nv is authorised to send messages via an alternative route, for instance by regular mail, and also has the right to receive written notification in case this manner of communication is specified elsewhere in the agreement.
In so far as is permitted by law, you have agreed, in case of dispute, not to dispute the acceptability of the documents in support of the order, notification, communication or message via electronic mail between the parties within this agreement.
Right to access to your personal information
You always have the right to peruse your personal information, to correct mistakes or delete your personal information from our database. You can always contact us for this via email: firstname.lastname@example.org.
GENERAL TERMS AND CONDITIONS ACCORDING TO THE LEASE CONTRACT
The present and attached detailed and written agreement is a hire agreement. The hirer and/or the contractually determined drivers shall not be entitled to assert any other right and/or title than that resulting from this agreement and to the extent in which they will be determined, clarified or limited hereafter. Current general terms for hiring cover the contract exclusively of all others and take precedence over the possible general terms and conditions of the hirer.
The hire is granted for a term as granted in the current agreement. In case the hirer wishes to extend the current hire agreement towards the end of the agreed hire period, he/she will have to apply for this locally, either at the branch-establishment of the lessor or by submitting an application to the lessor in writing (by fax or by email) . The current hire agreement will then, if necessary, be adapted or a new hire agreement will be drawn up. The application for extension should take place at least 24 before the termination of the agreed hire period. In default of one of these conditions, the rental agreement will be automatically extended with the same rates and conditions as were agreed upon in the last agreement and this until the moment the vehicle is returned. These conditions are applicable both by voluntary and involuntary halt of the vehicle. The hirer is fully responsible for returning the vehicle on time. The vehicles should at all times be returned, under the hirer’s own responsibility, during office hours. If this should prove to be impossible, the hirer remains responsible for any possible damage that may be discovered on the vehicle, until the lesser is in possession of both key(s), vehicle and all documents and appurtenances. At the same time, the lesser has the right to charge all additional costs, in the broadest sense of the word, that need to be made in order to return the vehicle to the lessor’s possession. These costs include: hoisting costs, road tax, and customs fees, repatriation costs, garaging costs, etc. (aforementioned account is non-exhaustive). In case the client neglects the reservation or order placed by him and consequently fails to collect the vehicle, then art. 79.2° of the WHP (commercial practices and consumer education and protection act) is applicable. However, in case the reservation or order was not abandoned as stipulated in art 79, 2° of the WHP, 100 Euros compensation will be charged to the client. The hirer who fails to return the vehicle to the lessor after the agreement has terminated exposes himself to criminal and civil prosecution.
The hirer and/or contractually determined drivers commit(s) himself/themselves, in case of valid reasons and motivated request, to release the vehicle to the lesser, without the possibility to lay a claim to any compensation. In compliance with rights and obligations of both parties, as resulting from the hire agreement, the lesser has the right to replace the hired vehicle for another at any time. The lesser shall never be obliged to pay compensation to the hirer in accordance with the non-limited cases stated hereby: delay of the transportation, damage to the goods, staff unemployment, terrorist attacks, etc.
- The vehicles are placed at the hirer’s and/or contractually determined drivers’ disposal at one of the Dockx Rental nv. places of business.
- The vehicles are equipped with all official documents, as required by traffic regulations. The hirer has obtained at his expense the documents and licenses required by the law, in order to bring his intended activities to a favourable conclusion.
- The hirer and/or the contractually determined drivers acknowledge(s) to have received the vehicle in good working condition, with full equipment and the legally provided attributes. In case car documents should have been lost during the hire period, the hirer will pay the damages, in proportion to the damages suffered by the lessor, which are immediately claimable.
- No form of publicity may be applied to the vehicle, except if the lessor, in writing, has explicitly permitted this.
- The hirer and/or contractually determined drivers commit(s) himself/themselves:
- To use the vehicle with due diligence, and for the use for which it is intended. It is therefore forbidden to load the vehicle with goods that could cause damage, either due to the nature of the goods, packaging, or fastening. If he does not possess the required licences, the hirer and/or contractually determined drivers commit(s) himself/themselves not to load any goods that are dangerous, or that are regulated by the road administration.
- To abuse the vehicle in any way, such as speeding, loading above the permitted weight, making use of an appendage with cables or bars. On no account use the vehicle for illegal activities or prohibited purposes (both inside and outside of the Belgian borders).
- Not to make any alterations to the vehicle.
- Not to place the vehicle at someone else’s disposal, neither for valuable or free consideration, as well, at all times, to only personally drive the vehicle or allow the vehicle to be driven by the restrictively determined drivers stipulated in the contract. In the event of violations or accidents caused by drivers or hirers who were not determined in the contract, the damage caused shall not be covered by insurance, in spite of any surrender value and/or insurance that may have been agreed upon. The hirer and the drivers determined in the contract, remain in this case, severally and jointly liable for all damage caused, fines and charges, as well as the administrative costs. Dockx Rental charges an administrative fee of € 25 per claim file opened during or at the end of the rental period.
- To recompense the lessor for all costs involved in disinfection and cleaning necessary as a consequence of the transport of live animals, cadavers, fish, manure and chemical agents, etc.
The hirer and/or the contractually determined drivers are always severally and jointly liable for the breach of rules committed with the vehicle, irrespective of who drove the vehicle at that time, even the breach of rules made by a third party at whose disposal hirer and/or the contractually determined drivers should not have placed the vehicle according to this agreement. They will be obliged to pay all fines, taxes, charges and/or compensation resulting from this.
The hirer and/or the drivers state(s) to be in possession of valid identity papers and a valid drivers licence for the hired vehicle. The hirer/driver should solely use the vehicle for the purpose for which it has been intended. Use for illegal or prohibited purposes or for a competition, sport event or any performance test whatsoever, is prohibited. All damage to the vehicle and/or to a third party caused by this, will be fully charged to the hirer and contractually determined drivers, without insurance mediation. The hirer and/or the contractually determined drivers also commit(s) himself/themselves to take all useful precautions for the prevention of wrongful, unlawful and/or non-contractual use of the vehicle, by themselves as well as by a third party (among other things, always lock the vehicle by means of a control lever). The hirer should, in case of confiscation or sequestering of the vehicle, for whatever reason, fully compensate the lessor for all claims and costs resulting from this.
Fuel consumption is always and fully at the hirer’s expense, and he should use the appropriate fuel depending on the technical requirements made by the manufacturer of the vehicle. The hirer and/or the contractually determined drivers should check the water and oil level on a daily basis, and keep these at least at minimum level, as well as check the antifreeze level and top this up if necessary. In case of negligence with regard to this, the hirer will be fully responsible for the compensation of damage. At the lessor’s first request the hirer and/or the contractually determined drivers also commit(s) himself/themselves to bringing in the rented vehicle for periodic maintenance in good time. The hirer and/or the contractually determined drivers should immediately notify the lessor about any defects or faults in the vehicle. The lessor should be informed in case repairs need to be carried out in transit. In case this should prove to be impossible, the hirer should then obtain the lessor’s prior written agreement before allowing a third party to repair the vehicle.
Each repair, carried out without the explicit consent of the lessor, shall remain exclusively at the expense of the hirer. Exception is made for urgent repairs that ensure the preservation of the vehicle (for instance in case of fire). The hirer and/or the contractually determined drivers commit(s) himself/ themselves to return the vehicle at all times on his (their) costs to the lessor. In case of a possible tyre burst, the hirer and/or the contractually determined drivers, in order to limit the damage as much as possible, will see to it that a spare tyre is fitted instantly, and that the flat tyre is repaired immediately. In case the hirer and/or the contractually determined drivers fail to do this, which can be detected by means of the damage to the tyre, the hirer and/or the contractually determined drivers is/are obliged to reimburse the lessor the price of a new tyre of the same type. Costs incurred by the hirer and/or the contractually determined drivers, and for which he received a prior written consent from the lessor, will be reimbursed only if the relevant invoices can be addressed to Dockx Rental nv, Terbekehofdreef 10 at BE-2610 Wilrijk, BE 0449.245.996.
Subject to payment by the hirer of a collision damage waiver, the hirer may reduce its excess in the event of damage in accordance with the quotations and rates that the hirer acknowledges having received knowledge of entering into the agreement. This opportunity for a waiver of the excess shall apply only to losses as a result of civil liability, and material damage to the hired vehicle. No waiver is ever possible in the event of theft, when the maximum excess will continue to apply. The cost of towing, recovery and repatriation shall never fall within the scope of the insurance and will always be invoiced in its entirety. The relief for material damage to the hired vehicle and the waiver of the recourse against the hirer in the aforementioned instances shall also not apply in the event of gross negligence or intent to deceive on the part of the hirer or its employees, or in the event of drunkenness or any form of intoxication. In such event recourse for the entire loss will always be had against the hirer and the driver provided by the contract, who shall be held jointly and severally liable. Neither may the hirer rely on the relief when the cause of the accident and the loss resulting therefrom is attributable to a state of excessive tiredness on the part of the hirer and/or the drivers of the hired vehicles as provided by the contract, in consequence of non-compliance with the statutory and regulatory provisions on driving and rest times. In such event the hirer and the driver provided by contract shall also be held jointly and severally liable to make good all loss.
For each hiring out, and for each vehicle, a cross verification damage file is drawn up, which reports the condition of the vehicle at the start of the hire period. The hirer and/or the contractually determined drivers is/are always severally and jointly liable for each roof and transport damage, this being damage caused to the vehicle by the cargo, as well as roof damage, this being all the damage caused by disregarding the headroom of the hired vehicle. In these cases, the hirer and/or the contractually determined drivers cannot lay claim to any dispensation or exemption from liability, so that he will reimburse the lessor for the entire damage to the entire vehicle including the damage to the chassis cowl, the tailboard, as well as to the complete bodywork and container.
In case of accidents, the hirer is obliged to notify the lessor thereof in writing, immediately and within 24 hours. The hirer expressly takes on the commitment to reimburse the lessor for all reparation costs as a consequence of the accident in which he was involved within 8 days after receipt of the invoice concerned, besides his civilian or criminal liability for this. In the event that the insurer would afterwards refund these costs, the hirer will receive reimbursement thereof, after deduction of the excess amount, as contractually stipulated. If requested by the hirer, he will be subrogated in the rights of the lessor, after complete payment of the full reparation costs, against every liable third party or insurer. This subrogation will then be the subject of a separate agreement. The hirer will also at all times, and within the 24 hours after the accident, submit a clear, completed and signed accident report to the lessor, accompanied by the report number given by the police authorities at the scene where the accident or the damage done to the vehicle took place. In case the hirer omits to report the accident, he will lose all rights to the existing insurance policy and all consequences and costs thereof will remain fully at his expense. The hirer and/or driver is/are not allowed to accept liability and should immediately transfer each proof of default, bank draft and other documents to the lessor.
The renter takes notice of the fact that all passengers are insured for civil liability during the use of the rented vehicle regardless of the liability of the driver named in the contract. The number of passengers is determined by the homologation of the vehicle and may not be exceeded for any reason whatsoever. The driver named in the contract is not insured against physical injury as a result of an accident for which he is liable. The repatriation of persons is not included in the rental agreement. If the rented vehicle is to be used abroad, we advise that a travel assistance insurance policy be purchased for the benefit of the driver and passengers of the rented vehicle.
By signing the contract, the hirer and/or the contractually determined drivers expressly state(s) that by simple acceptance of the hired vehicle and/or tools and materials, to have examined the instructions and manual. He/she state/states likewise, insofar as this is legally required, to be in the possession of the necessary licenses as well as having sufficient experience in the use or the operation of the hired vehicle.
As soon as the hirer and/or contractually determined drivers would discover that the hired vehicle has been stolen or has disappeared, he/they should immediately report this to the police and submit, within 24 hours, the details of the report of the offence, as well as submit a legible copy thereof. In default of this or tardy reporting to the police, the hirer shall in no case have a claim to his insurance (comprehensively without surrender) and he should reimburse the lessor for the full damages. The same is applicable as soon as is detected that the hired vehicle has been burned.
The hirer remains at all times liable for the payment to the booking or assessing authority of the fines incurred, of taxes or fees as a consequence of breach of rules in the widest sense of the word. Moreover, for every taxation, fee and/or fine incurred, an administrative fee of 30 Euros for each fine/taxation/free for the administrative processing by the lessor will be charged to the hirer.
- The security demanded on signing the hire agreement should be paid in cash. The security will only be returned to the hirer and/or guarantor when the hired vehicle is returned, and after a double verification of the vehicle has been drawn up, from which it appears that no damage to the vehicle could be detected, and a fortiori after all the amounts payable by the hirer to the lessor, will have been paid to the latter. The deducted deposits could be charged to all amounts payable by the hirer to the lessor.
- All hirings are subject to the cost of hiring determined in the current agreement. The costs of hiring for each type of vehicle have been set down, also based on a fixed kilometre price, as described in the current agreement. The supplementary travelled kilometres will be subject of a separate section on the invoice. The price agreements laid down in this agreement take at all times precedence over previous quotations, price lists or agreements made.
- Payment: when depositing a sum as security by means of a credit card, the guarantor authorises the lessor, by means of his signature on the voucher, or by entering his personal electronic code at the terminal that connects the lessor to the financial institute, as well as by the initials/signature on the hire agreement, to collect the money that is due.
The hirer and/or the contractually determined drivers state(s) to have received the hired vehicle in good mechanical condition, without defects before departure and to have checked the proper functioning of breaks, lights and milometer. He commits himself to return the vehicle in the same state, with the same equipment, apart from normal wear and tear. All damage, of whatever nature, falls fully on the hirer and/or the contractually determined driver. The hirer and/or contractually determined drivers state(s) as well to have determined that a seal was applied to the cable of the milometer in vehicles that are equipped with a tachograph (both analogue and digital). In case it was determined that during the use or when returning the vehicle that one of these seals was removed or damaged, then the hirer will owe the lessor a fixed compensation pro rate of 600 kilometres a day.
Unless otherwise stated in the present contract, all invoices issued by the rental company should be immediately settled in cash upon the confirmed date of expiry. A fixed compensation clause shall automatically be applied without notice of default to any invoice not settled upon its expiry date, equal to 10% of the total invoice amount and a minimum of 50 euros. Furthermore, a late-payment interest of 10% per year shall automatically be incurred without notice of default by any invoice not settled upon the expiry date, until such date as the payment is settled in full. Moreover, the failure to settle any invoice upon its expiry date, or the failure of the lessee and/or contracted drivers to respect one or more of their contractual obligations shall entitle the rental company to cancel the present contract. Should the lessee be able to demonstrate that the renting company has not respected its contractual duties then the renting company shall similarly owe compensation to the lessee amounting to a maximum of 10% of the invoice amount, and should the renting company fail to pay any amounts owed to the lessee on time, it shall also be required to pay an equivalent amount of interest on such amounts to the lessee.
Loading or transporting dangerous substances under the ADR regulations is prohibited, save the prior, express, written consent of the lessor.
Present agreement is subject to the legal rules applicable in Belgium. In case of dispute concerning one or more stipulations of the hire agreement, the Vredegerecht (justice of the peace court) of the seventh canton in Antwerp and the law courts of the Antwerp judicial district are solely authorised.
"The consumer has the right to inform the renter that he declines the transaction without paying a fine and without providing reasons within 7 workdays of placing the order and no later than 48 hours before picking up the vehicle. Cancellations made that are not in compliance with that stipulation are subject to an administrative penalty of € 100."
All Dockx rental vehicles that are subject to a kilometre-based usage charge have been fitted with an appliance (OBU) to facilitate compliance with this toll. It is the joint responsibility of the hirer and driver to make sure that the OBU is switched on and working properly. If the OBU is defective or non-functioning, the driver must stop driving on the toll road and notify the system operator immediately (see instructions on the appliance). All direct and indirect costs incurred as a result of the OBU being turned off or absent or failure to report a defective OBU in accordance with the instructions will be charged to the hirer and/or driver. The rental company also reserves the right to notify the sanctioning government of the identity of the hirer and/or driver so that they can deal with them directly.
The kilometre-based usage charge will be calculated on a flat-rate basis, at a fixed price per total kilometres driven and/or per rental day, regardless of whether the vehicle is driven on toll or non-toll roads in Belgium. The hirer-driver is responsible for complying with legal obligations regarding charges owed abroad. (such as eurovignettes, maut etc….)
LAW ON PRIVACY AND THE GENERAL DATA PROTECTION REGULATION
As a lessor and holder of a vehicle we are required by law to at any time make the identity of the lessee known for the identification of an offender under road traffic law. As a result, we are compelled to save the data on the lessee in a secure environment.
We quote article 67bis: 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 was not identified with the observation of the offence, 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: 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 a holder of the number plate or as holder of the vehicle must take the necessary measures to comply with this obligation.
The customer can consult his/her data for a period of thirty days, but this does not discharge the lessor from its obligation to save the contractual data in an unchanged form. Each request must be submitted in writing by email to email@example.com.
The lessor declares that the customer’s data is saved on secure hardware that can only be consulted by a person authorised to do so. 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 customer has given permission for his/her data to be used for contact by mail, text message, fax or post, the data will only be used for communication relating to leasing a vehicle and any other communication relating to the activities of the Dockx Group. The data are saved in a secure environment and will be used in no other way whatsoever for other commercial purposes other than those reserved for the Dockx Group. The lessee can withdraw his/her permission for the use of the data at any time. The data will then no longer be used for internal commercial purpose but will be saved in conformity with the applicable legal obligations.