General terms and conditions HertLease BV
- HertLease BV: HertLease BV, established in Strombeek-Bever under KvK nr. BE0769976892.
- Customer: the person with whom HertLease BV has entered into an agreement.
- Parties: HertLease BV and the Customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of General Terms and Conditions
- These conditions apply to all offers, quotations, activities, orders, agreements and deliveries of services or products by or on behalf of HertLease BV.
- The parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
- Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Offers and quotations
- Offers and quotations by HertLease BV are without obligation, unless explicitly stated otherwise in these offers.
- An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable period, the offer or quotation shall lapse.
- Offers and quotations shall not apply to repeat orders unless the parties have expressly agreed to this in writing.
- Upon acceptance of a non-binding offer or quotation, HertLease BV reserves the right to still withdraw the offer or quotation within 3 days upon receipt of the acceptance, without the Customer being able to derive any rights from this.
- Verbal acceptance by the Customer will only bind HertLease BV after the Customer has confirmed this in writing (or electronically).
- All prices quoted by HertLease BV are in Euros, exclusive of VAT and any other costs such as administration costs, levies and travel, dispatch or transport costs, unless explicitly stated otherwise or agreed otherwise.
- HertLease BV can change all prices that it charges for its products or services, on its website or that are made known in any other way at any time.
- HertLease BV will determine the price with regard to services on the basis of actual hours spent.
- The price will be calculated in accordance with HertLease BV's usual hourly rates, applicable to the period in which it performs the activities, unless a different hourly rate has been agreed.
- If the parties have agreed on a total amount for services provided by HertLease BV, this will always be an indicative price, unless the parties have explicitly agreed on a fixed price in writing that cannot be deviated from.
- HertLease BV is authorised to deviate from the target price by up to 10%.
- If the target price is going to be more than 10% higher, HertLease BV must inform the customer in a timely manner why a higher price is justified.
- If the target price is going to be more than 10% higher, the customer is entitled to cancel the part of the order that is above the target price increased by 10%.
- HertLease BV is entitled to adjust the prices annually.
- HertLease BV will inform the customer of any price adjustments prior to their commencement.
- According to the General Terms and Conditions 'Long Term Rental Agreement', the monthly amount can be adjusted as soon as the Road Tax rate changes. The monthly amount will be adjusted as soon as the amended Road Tax rate applies. The following applies specifically for fully electric and plug-in hybrid cars: According to the Tax Plan 2021, the discount on the Road Tax for electric cars and plug-in hybrids will be phased out as of 1 January 2025; as a result, the monthly payment may increase during the term of your lease contract as soon as a (higher) Road Tax rate becomes applicable.
Consequences of late payment
- If the customer does not pay within the agreed term, HertLease BV shall be entitled to charge the customer from the day that the customer is in default, whereby a part of a month shall be considered a full month.
- If the customer is in default, it will also owe HertLease BV extrajudicial collection costs and possible compensation.
- The collection costs are calculated on the basis of the Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
- If the Customer does not pay in time, HertLease BV may suspend its obligations until the Customer has fulfilled its obligation to pay.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the Customer, the claims of HertLease BV on the Customer will be immediately due and payable.
- If the Customer refuses to cooperate with the implementation of the agreement by HertLease BV, it will still be obliged to pay the agreed price to HertLease BV.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation arising from this agreement.
Unless the customer is a consumer, the customer shall waive its right to offset a debt to HertLease BV against a claim against HertLease BV.
- The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage, as well as theft:
- goods supplied which are necessary for the execution of the underlying agreement
- items of HertLease BV that are present at the customer's premises
- goods delivered under retention of title
- At the first request of HertLease BV, the Customer will provide the policy of these insurances for inspection.
If the parties have entered into an agreement for services, HertLease BV will only be obliged to perform to the best of its ability, and will therefore not be obliged to produce results.
Execution of the Agreement
- HertLease BV will execute the agreement to the best of its ability and in accordance with the requirements of good craftsmanship.
- HertLease BV has the right to have the agreed services (partially) carried out by third parties.
- The execution of the agreement shall take place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the customer's responsibility to ensure that HertLease BV can start implementing the agreement in a timely manner.
- If the customer has not ensured that HertLease BV can start implementing the agreement in a timely manner, the resulting extra costs and/or extra hours will be at the expense of the customer.
Information from the customer
- The Customer shall provide HertLease BV with all information, data and documents that are relevant for the correct execution of the agreement, in a timely manner and in the desired form.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
- If and insofar as the Customer requests this, HertLease BV will return the documents concerned.
- If the Customer does not provide the information, data or documents that HertLease BV reasonably requires, or does not provide them on time or properly, and the performance of the agreement is delayed as a result, the Customer will have to pay the additional costs and hours resulting from this.
- HertLease confirms that these data are for internal use only.
Duration of service contract
- The agreement between HertLease BV and the customer concerning a service or services will be entered into for a period of 48 months, unless the nature of the agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.
- After the period mentioned in paragraph 1 of this article has expired, the agreement shall be terminated unless otherwise agreed.
- If, within the term of the agreement, the parties have agreed on a term for the completion of certain activities, this will never be a deadline. In the event that this term is exceeded, the Customer must give HertLease BV written notice of default.
Termination of fixed-term contract
- The customer or consumer may not terminate a fixed-term contract until after one (1) year.
- After expiry of the minimum term of 1 (one) year, the aforementioned agreement can be terminated by the customer subject to a notice period of 3 months.
- If the agreement for a service is entered into for a period of less than 1 (one) year, the agreement cannot be cancelled prematurely. Unless otherwise agreed.
- The customer will keep any information (in any form whatsoever) that it receives from HertLease BV confidential.
- The same applies to all other information concerning HertLease BV of which the customer knows or can reasonably suspect that it is secret or confidential, or of which it can expect that spreading it could cause damage to HertLease BV.
- The customer shall take all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
- The obligation of confidentiality described in this Article shall not apply to information:
- which was already in the public domain before the customer became aware of it, or which became public at a later date without this being due to a breach of the customer's duty of confidentiality
- disclosed by the customer pursuant to a legal obligation
- The secrecy obligation described in this Article shall apply for the duration of the underlying agreement and for a period of three years after its expiry.
More or less kilometres
- Every 12 months after the start date and at the end of the Lease period, after the car has been returned, Hertlease will determine how many kilometres the car has driven. The customer is obliged to provide the current mileage within five working days if requested to do so by Hertlease. Based on this information Hertlease will calculate the average kilometres driven per year. In the cases mentioned below, Hertlease may adjust the mileage bundle and the monthly amount of the Customer and/or will reimburse the Customer for the additional kilometres driven. In these cases Hertlease will contact the Customer.
- More kilometres
If the Customer has driven more than 500 kilometres above the kilometre bundle on average since the commencement date, Hertlease will adjust the kilometre bundle and the monthly amount. The table below shows the kilometerage bundles and the corresponding monthly amounts. The adjusted monthly amount applies retroactively to the entire Lease Period. The Client will receive an invoice for this. If the highest mileage bundle is exceeded by more than 500 kilometres, the Customer will pay an additional charge per extra kilometre driven.
- Less kilometres
If the Customer has driven less kilometres on average than the chosen kilometre bundle, Hertlease will adjust the kilometre bundle and the monthly amount. The table below shows the mileage bands and the corresponding monthly amounts. The adjusted monthly amount will apply retroactively to the entire Lease Period. The Customer will be refunded the excess amount. Kilometres driven less than the lowest mileage bundle will not be reimbursed by Hertlease.
4 Multi-kilometre rate: €0.15 The rates quoted are in euros. (excl VAT) with maximum deviation of 20000km per contract.
The Customer will receive the Vehicle at the date and location to be agreed with Hertlease upon presentation of a valid proof of identity of the driver and/or customer.
The delivery date is expected and not a final date, because Hertlease is dependent on dealers/importers for the delivery of the Vehicle. If this date changes, the Customer will be informed by Hertlease.
The customer shall provide Hertlease with a domiciliary power of attorney for everything Hertlease has to claim based on the Long Term Rental Agreement. The customer will be charged the monthly amount in advance. Payment will take place via an automatic direct debit prior to the month to be started. These are always payable within 15 calendar days. Hertlease will pass on any fines to the Customer and collect these automatically.
Hertlease does not act as an insurer, but has placed the following risks with an insurance company. The following insurances are included in the monthly amount:
(a) BA insurance
(b) Full comprehensive insurance, supplemented by an English franchise >€750.
(c) Legal aid
Hull damage (damage to the vehicle) shall be at the expense of the customer if the repair value is less than €750 exclusive of VAT.
A maximum franchise is set to €750 excl.
Termination of the long-term lease
Termination of the Long-Term Rental Agreement is possible at any time. In the event of termination, the termination fee is 50% of the total monthly amounts still owed until the end date.
- If the other party violates the article of these General Terms and Conditions regarding confidentiality or intellectual property, it shall forfeit an immediately payable fine for each violation on behalf of Trade Name.
- If the other party is a consumer, this fine shall amount to €1,000.
- If the other party is a legal entity, this fine shall amount to €5,000.
- In addition, the other party shall forfeit an amount equal to 5% of the amount referred to in paragraph 1 for each day that the breach continues.
- No prior notice of default or legal proceedings are required for the forfeiture of this penalty. Nor is it necessary for there to be any kind of damage.
- Forfeiture of the fine referred to in the first paragraph of this Article does not affect the other rights of HertLease BV, including its right to claim compensation in addition to the fine.
The customer indemnifies HertLease BV against any claims from third parties that are related to the products and/or services provided by HertLease BV.
- The Customer must examine a product or service provided by HertLease BV for any shortcomings as soon as possible.
- Should a product delivered or a service provided not meet the reasonable expectations that the Customer may have with regard to the agreement, the Customer must inform HertLease BV as soon as possible, but in any case within 1 month after having discovered the shortcomings.
- Consumers must inform HertLease BV of the shortcomings within 2 months after they have been discovered.
- The Customer shall provide as detailed a description as possible of the shortcoming, so that HertLease BV is able to respond adequately.
- The customer must prove that the complaint relates to an agreement between the parties.
- If a complaint concerns ongoing activities, this shall in any case not lead to HertLease BV being obliged to carry out activities other than those agreed upon.
- In the event that the customer is dissatisfied with the service provided by HertLease BV, the customer shall inform HertLease BV of this as soon as possible and the parties will try to find an informal solution.
- If the route followed in paragraph 1 does not lead to a satisfactory solution, the customer may submit a complaint to the competent authority.
- The Customer must give notice of default in writing to HertLease BV.
- It is the customer's responsibility to ensure that a notice of default actually reaches HertLease BV (in a timely manner).
Joint and several liability of the customer
If HertLease BV enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts that they owe to HertLease BV based on that agreement.
Liability HertLease BV
- HertLease BV is only liable for any damage suffered by the Customer if and insofar as this damage was caused by intent or deliberate recklessness.
- If HertLease BV is liable for any damage, it will only be liable for direct damage resulting from or related to the execution of an agreement.
- HertLease BV will never be liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
- If HertLease BV is liable, this liability will be limited to the amount that is paid out by a closed (professional) liability insurance, and in the event that no (full) payment is made by an insurance company for the amount of the damage, the liability will be limited to the (part of the) invoice amount to which the liability relates.
- All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and apply only approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from HertLease BV will in any case expire 12 months after the event that directly or indirectly caused the liability. This does not exclude the stipulations in section 6:89 of the Dutch Civil Code.
Right of rescission
- The customer is entitled to dissolve the agreement if HertLease BV imputably fails to fulfil its obligations, unless this failure does not justify dissolution, given its special nature or minor importance.
- If compliance with the obligations by HertLease BV is not permanently or temporarily impossible, dissolution can only take place after HertLease BV is in default.
- HertLease BV has the right to terminate the agreement with the Customer, if the Customer does not fully or timely fulfil its obligations arising from the agreement, or if HertLease BV is informed of circumstances that give it good reason to fear that the Customer will not be able to properly fulfil its obligations.
- In addition to that which is stated in Article 6:75 of the Dutch Civil Code, it applies that a failure by HertLease BV in fulfilling any obligation towards the customer cannot be attributed to HertLease BV in a situation that is independent of the will of HertLease BV, as a result of which the fulfilment of its obligations towards the customer is hindered in whole or in part, or as a result of which the fulfilment of its obligations cannot reasonably be expected from HertLease BV.
- The force majeure situation referred to in paragraph 1 shall also include - but not be limited to -: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
- In the event of an Act of God that prevents HertLease BV from fulfilling one or more obligations towards the Customer, these obligations will be suspended until HertLease BV can fulfil them again.
- From the moment that a situation of force majeure has lasted for at least 30 calendar days, HertLease may dissolve the agreement in writing, either in whole or in part.
- In the event of force majeure, HertLease BV cannot be held liable for any (damage) compensation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the Agreement
If, after the agreement has been concluded, it proves necessary to amend or supplement the content of the agreement for its implementation, the parties shall amend the agreement accordingly in good time and in mutual consultation.
Amendment of General Terms and Conditions
- HertLease BV is authorised to change or supplement these General Terms and Conditions.
- Changes of minor importance can be made at any time.
- HertLease BV will discuss major changes to the content with the Customer in advance where possible.
- Consumers are entitled to terminate the contract in the event of a substantial change in the general terms and conditions.
Transfer of rights
- Rights of the customer resulting from an agreement between the parties cannot be transferred to third parties without prior written consent from HertLease BV.
- This provision is considered to be a clause with effect on the law of property as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Effects of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what HertLease BV had in mind when drawing up the conditions.
Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Dutch law.
- The Dutch court in the district where HertLease BV has its registered office / practices / holds office is exclusively authorised to hear any disputes between the parties, unless the law imperatively dictates otherwise.
Formation of the rental agreement
The long-term rental agreement will be concluded if Hertlease has received a fully initialled and signed copy of this agreement. The Customer will then receive an order confirmation of the Vehicle.
Drawn up on 22 June 2021.