General Terms and Conditions – Hertlease BV – Vehicle Leasing

Date: 11/05/2026

Definitions

  1. Hertlease BV: Hertlease private limited company, with registered office at Haachtsesteenweg 142, 1820 Steenokkerzeel, registered under enterprise number 0769.976.892.
  2. Client: the professional with whom Hertlease BV has entered into an agreement for the leasing of a Vehicle, as well as for any additional services.
  3. Parties: Hertlease BV and the Client jointly.
  4. General Terms and Conditions: these general terms and conditions issued by Hertlease BV (as updated from time to time).
  5. Vehicle: the vehicle leased by Hertlease BV to the Client, as described in the Long-Term Rental Agreement.
  6. Long-Term Rental Agreement: the agreement between the Parties concerning the leasing of the Vehicle, setting out the fixed monthly amount due, the payment terms, the mileage package and the Lease Period, and of which these General Terms and Conditions and Annex 1 form an integral part.
  7. Lease Period: the Long-Term Rental Agreement is entered into between the Parties for a fixed term, as specified in that agreement.

Applicability of the General Terms and Conditions

  1. These General Terms and Conditions apply to all quotations, offers, orders and agreements concerning the leasing of a Vehicle by the Client, in particular the Long-Term Rental Agreement, as well as to any additional services offered in this regard by Hertlease BV and/or performed on behalf of Hertlease BV.
  2. The Parties may only deviate from these General Terms and Conditions if they have expressly agreed to do so in writing. Such deviations cannot automatically create a precedent with regard to any other quotation, offer, works, orders or agreement between the Parties concerning the leasing of a Vehicle by the Client, in particular the Long-Term Rental Agreement, as well as the additional services offered in this regard by Hertlease BV and/or performed on behalf of Hertlease BV.
  3. Hertlease BV reserves the right to amend or modify these General Terms and Conditions from time to time. Changes to the General Terms and Conditions will be communicated to the Client in good time by e-mail and will not apply to ongoing services, orders and deliveries. In the absence of written objection within 7 calendar days, the Client will be deemed to have accepted the amended General Terms and Conditions.
  4. The fact that Hertlease BV may (occasionally) not require strict compliance with the General Terms and Conditions does not constitute a waiver of rights on the part of Hertlease BV. A waiver of rights can only occur if such waiver is expressly made and confirmed in writing. Such a waiver of rights by Hertlease BV can furthermore never be interpreted as a waiver of any other right, even if both situations are highly similar.
  5. The Parties expressly exclude the applicability of any supplementary and/or deviating general terms and conditions of the Client or third parties.

Quotations, Offers and the Long-Term Rental Agreement

  1. Offers and quotations from Hertlease BV are without obligation.
  2. An offer or quotation from Hertlease BV concerning the leasing of a Vehicle is valid for 15 calendar days, unless a different acceptance period is stated in the offer or quotation. Offers and quotations therefore do not apply to additional or future orders, unless the Parties have expressly agreed otherwise in writing.
  3. Once the non-binding offer or quotation is accepted by the Client, it is binding on the Client. If the Client does not accept an offer or quotation within the applicable 15-day period, the offer or quotation lapses. Acceptance of a non-binding offer or quotation by the Client must always be communicated to Hertlease BV by e-mail, by means of the Client's signature on the offer or quotation from Hertlease BV.
  4. The acceptance of the offer and/or quotation by the Client is only binding on Hertlease BV once it has confirmed this in writing, which is done by sending the Long-Term Rental Agreement by e-mail to the Client, which must then be signed by the Client within 15 calendar days. Without this written confirmation from Hertlease BV, the acceptance by the Client will not be binding on Hertlease BV. Once Hertlease BV has received the Long-Term Rental Agreement signed by the Client, the Client will receive an order confirmation for the Vehicle.
  5. The leasing of the Vehicle commences either on the date of delivery of the Vehicle or at the latest 5 calendar days after written notification that the Vehicle can be collected by the Client, whichever comes first.
  6. If the Client causes Hertlease BV to be unable to commence the execution of the Long-Term Rental Agreement, as well as any additional services offered in this regard, in good time, or if the Client prevents Hertlease BV from performing these agreements (for example by not paying the advance payment, not providing the necessary information in good time, etc.), Hertlease BV is entitled to suspend its obligations, or to charge the Client for the additional costs arising from this, which shall be borne by the Client, as well as any delay in the execution of the Long-Term Rental Agreement and any additional services offered in this regard.

Prices

  1. Unless expressly stated otherwise or otherwise agreed between the Parties, all prices charged by Hertlease BV for the leasing of Vehicles, as well as for the provision of additional services, communicated to the Client or made known via the Hertlease BV website, are in euros, exclusive of VAT and any other costs such as administrative costs, levies, and travel, shipping, insurance or transport costs. Such costs and levies (if applicable) shall therefore be borne by the Client.
  2. The Client will pay Hertlease BV a fixed monthly amount for the leasing of the Vehicle, as stated in the Long-Term Rental Agreement, for the entire Lease Period. This amount includes the monthly lease of the Vehicle, as well as the registration tax (BIV/TMC) and road tax, unless the Parties have agreed otherwise in writing (hereinafter the "fixed monthly amount").
  3. If both Parties agree, the costs of the necessary insurance of the Vehicle, its maintenance and required tyre changes may also be included in the fixed monthly amount. In that case, however, the Client will have to pay a higher fixed monthly amount, as will be set out in the Long-Term Rental Agreement.
  4. The Client may also call upon Hertlease BV for certain additional services (including car washing, etc.) and/or the supply of certain additional goods. These services and/or goods fall outside the monthly amount owed by the Client under the Long-Term Rental Agreement during the Lease Period, and will therefore be invoiced separately to the Client. If the Client wishes to use these services, Hertlease BV will communicate the price to the Client.
  5. Hertlease BV expressly reserves the right to review and increase the price of the leasing of the Vehicle, maintenance and/or additional services if, after the Client has placed an order and/or during a long-term agreement (including the Long-Term Rental Agreement) between Hertlease BV and the Client, one or more objective price-determining factors change due to foreseeable or unforeseeable circumstances, including but not limited to increases in the prices of leased Vehicles (by the manufacturer or due to other circumstances) or of parts required for Vehicle maintenance, logistics costs, registration tax (BIV/TMC) and road tax (e.g. for electric and hybrid vehicles) and/or wage indexation and/or exchange rate fluctuations. In such a case, Hertlease BV will notify the Client of the new price(s) by e-mail. The new prices will apply from the moment the Client has been informed by e-mail. The price revision by Hertlease BV will never exceed 80% above the previously applied price for the product and/or service. If the Client does not accept the new price, it has the option of terminating the order or agreement in writing, without giving reasons, within 7 calendar days. In the absence of written objection from the Client within 7 calendar days, the Client will be deemed to have accepted the revised price.
  6. If discounts or promotions are granted to the Client, these apply exclusively to the individual orders and/or services for which they were granted. They do not, under any circumstances, even if granted repeatedly, create a right for the Client to any discount or promotion for other orders and/or services.

Payment

  1. Unless expressly and in writing agreed otherwise between the Parties, the fixed monthly amount for the leasing of the Vehicle will be collected by direct debit. The Client will sign a direct debit mandate (provided by Hertlease BV) and will register and maintain such a mandate in favour of Hertlease BV with its bank.
  2. Hertlease BV will send the Client a monthly invoice for the fixed monthly amount due, at the latest 7 calendar days before the month to which this amount relates. If the Client has signed a valid direct debit mandate, Hertlease BV is entitled to collect outstanding invoices at any time by direct debit. In the absence of a valid direct debit mandate, or if direct debit cannot be executed, the Client undertakes to pay the invoice within the payment period stated on the invoice by bank transfer.
  3. In addition to the fixed monthly amount, Hertlease BV will always be able to re-invoice or automatically collect from the Client, on the same terms as set out in Article 5.2 of these General Terms and Conditions, any fines/charges received for the leased Vehicle by the Client during the Lease Period.
  4. Additional services will be invoiced separately to the Client by Hertlease BV. After performance of the services, Hertlease BV will send an invoice to the Client, which must be paid within the stated payment period. The Client will pay this invoice by bank transfer.
  5. All invoices between the Parties are sent and received exclusively electronically via the Peppol network. The Client undertakes to provide the necessary software to receive and process these e-invoices in structured format, and will accordingly be responsible for providing its correct receipt details (Peppol ID/VAT number).
  6. Hertlease BV is entitled to require the payment of a deposit. In the absence of receipt thereof, Hertlease BV may suspend performance of the confirmed order, without any obligation to compensate the Client.
  7. If the Client refuses to cooperate in the performance of the Long-Term Rental Agreement with Hertlease BV, it is still obliged to pay the fixed monthly amount to Hertlease BV.
  8. The fixed monthly amounts owed by the Client to Hertlease BV may be pledged by Hertlease BV to third parties, including financing companies, as security for all obligations of Hertlease BV towards such third parties.
  9. The Client expressly waives any right of set-off against any counterclaim.

Consequences of Late Payment

  1. If the direct debit is refused or in the absence of payment by the Client of any invoice on the due date and/or at the times expressly and in writing agreed, all outstanding amounts will automatically and without prior notice of default bear statutory interest, as provided for in the Act of 2 August 2002 on combating late payment in commercial transactions, calculated from the invoice due date. The invoice will also automatically and without prior notice of default be increased by a flat-rate compensation fixed at 10% of the invoice amount, without prejudice to default interest, judicial interest and any court costs. Hertlease BV will furthermore be entitled to claim a higher amount from the Client if it has to incur higher costs to obtain payment of the amounts due, including collection costs. Collection costs are calculated in accordance with the Act on combating late payment in commercial transactions.
  2. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Client, the claims of Hertlease BV against the Client become immediately due and payable.

Insurance

  1. If the Client chooses to take out the necessary insurance through Hertlease BV, the cost thereof will be included in the fixed monthly amount, and the following insurance policies will be provided: civil liability insurance, general coverage of the Vehicle (including accident, fire, theft and vandalism), driver insurance and legal expenses insurance. The terms of these insurance policies will be communicated to the Client upon conclusion of the Long-Term Rental Agreement and will also be available on first request of the Client. The insurance agreements taken out will be maintained for the entire Lease Period and may only be amended, suspended or terminated with the prior written consent of Hertlease BV. Hertlease BV acts solely as agent when taking out the insurance policies and can never be held liable as insurer or insurance broker. The Client will therefore sign an assignment of claim, confirming that Hertlease BV will be the beneficiary in the event of actual payment. The Client is obliged to comply with all conditions of the relevant insurance policies. If the Client fails to do so, it will be responsible for all resulting damages and/or costs.
  2. If the Client takes out the necessary insurance for the Vehicle itself, the Client must take out civil liability insurance, legal expenses insurance, driver insurance and comprehensive insurance (covering all risks relating to accident, theft, fire and vandalism), and this for the entire Lease Period. The Client undertakes to take out the aforementioned insurance policies in accordance with the conditions set out by Hertlease BV and communicated to it upon conclusion of the Long-Term Rental Agreement, with compensation to be paid to Hertlease BV. The Client ensures that the insurance company/companies sign(s) and present(s) a declaration to Hertlease BV confirming that the aforementioned insurance policies have been taken out and will provide an assignment of claim to Hertlease BV confirming that Hertlease BV will be the beneficiary in the event of actual payment. The Client will make the policy of these insurance agreements available for inspection on first request of Hertlease BV. The Vehicle will only be delivered to the Client once Hertlease BV is in possession of this declaration. The insurance agreement(s) taken out must furthermore be maintained for the entire Lease Period and may only be amended, suspended or terminated with the prior written consent of Hertlease BV. The Client is obliged to comply with all conditions of the relevant insurance policies as well as this article. If the Client fails to do so, it will be responsible for all resulting damages and/or costs.
  3. In the event of non-compliance with the aforementioned obligations, the Client is liable for all resulting costs and damages towards Hertlease BV. In the event of non-compliance with this Article 7 by the Client, Hertlease BV also has the option of dissolving the Long-Term Rental Agreement at the expense of the Client, as well as suspending its obligations.

Retention of Title

The Vehicle(s) and any other items delivered by Hertlease BV are and remain the exclusive property of Hertlease BV for the entire duration of the Lease Period. The Client is therefore not authorised to sell the Vehicle, encumber it or establish any other right over it.

Provision of Information by the Client

  1. The Client shall make all information and personal data relevant to the proper execution of the Long-Term Rental Agreement, or any additional services, available to Hertlease BV in good time and in the correct manner.
  2. The Client is responsible for the accuracy, completeness and reliability of the information and personal data it makes available. Hertlease BV is in no way liable in the event of fraud, deception or errors by the Client which result in an order, the Long-Term Rental Agreement or any additional services being unable to be executed or being executed only with delay.
  3. Hertlease BV collects the following personal data of the contact person(s) of the Client in order to be able to execute the Long-Term Rental Agreement or any additional services with it (legal basis: performance of a contract): name, e-mail address and telephone number of a contact person(s) of the Client. Without the provision and processing of these personal data, the agreement (in particular the Long-Term Rental Agreement or the agreement concerning any additional services) cannot be concluded or executed. The collected personal data may be shared with suppliers called upon by Hertlease BV to execute the agreement, including outside the European Economic Area, in which case Hertlease BV will take the necessary measures and safeguards to ensure adequate protection of the personal data. The personal data will be retained for as long as necessary for the execution of the agreement with the Client and for up to 10 years after termination of the agreement. The contact person(s) of the Client whose personal data are processed has/have the right to request Hertlease BV to access, rectify or erase the personal data or, in certain cases, to restrict the processing relating to him/her, as well as the right to object to the processing and the right to data portability. This contact person may also at any time lodge a complaint with the Data Protection Authority (Drukpersstraat 35, 1000 Brussels, contact@apd-gba.be), or an authority of their choice, but Hertlease BV always requests to be contacted first should a problem arise. For more information, please refer to the privacy policy of Hertlease BV (https://hertlease.be/nl/privacy-verklaring). The Client guarantees towards Hertlease BV that it will communicate this information regarding the processing of their personal data to its contact person(s).

Delivery of the Vehicle

  1. The Vehicle will be delivered on the date and at the location to be agreed with Hertlease BV. The Client is required to collect the Vehicle at the agreed location, at its own expense, within 5 calendar days of notification by Hertlease BV that the Vehicle is available for delivery. The Client will ensure that the person collecting the Vehicle has a valid mandate from the Client to collect it.
  2. If for whatever reason the Client is unable to collect the Vehicle within the period set out in Article 10.1 of these General Terms and Conditions, Hertlease BV is entitled to invoice the fixed monthly amount to the Client on a monthly basis (in accordance with Article 3.5 of these General Terms and Conditions), or to dissolve the Long-Term Rental Agreement. If Hertlease BV decides to maintain the Long-Term Rental Agreement (and therefore not to dissolve it), Hertlease BV will in the meantime store the Vehicle at the expense and risk of the Client. All additional costs will be borne by the Client.
  3. The communicated delivery date of the Vehicle is not binding on Hertlease BV. Hertlease BV is not responsible for any late or non-delivery of the Vehicle or of certain documents and/or data relating to it. Hertlease BV is indeed dependent on dealers and importers for the delivery of the Vehicle as well as the additional documents. As soon as Hertlease BV is aware of any possible late delivery, it will however notify the Client thereof in writing.
  4. Hertlease BV is permitted to deliver sold goods in parts, unless a partial delivery does not have independent value.
  5. From the delivery of the Vehicle to the Client, the Client bears the risk in relation to the possession, use, storage and good condition of the Vehicle until the return of the Vehicle to Hertlease BV.

Number of Kilometres Driven with the Vehicle

Every twelve months from the commencement date of the Long-Term Rental Agreement and at the end of the Long-Term Rental Agreement (after return of the Vehicle), Hertlease BV will establish how many kilometres the Client has driven with the Vehicle. The Client is obliged to provide the current mileage within five working days if Hertlease BV so requests. On this basis, Hertlease BV calculates the average number of kilometres driven per year by the Client. If the Client deviates from the mileage package and drives more kilometres with the Vehicle than stated in the Long-Term Rental Agreement, Hertlease BV will adjust the Client's monthly amount as well as the mileage package and/or send the Client a settlement for the additional kilometres driven. Hertlease BV will contact the Client in these cases by e-mail.

Return of the Vehicle

  1. Whatever the reason for the return of the Vehicle, the Client undertakes to make the Vehicle available to Hertlease BV no later than the day on which the Long-Term Rental Agreement comes to an end, at the address communicated by Hertlease BV. If the Vehicle is left at another location, the transport costs will be charged to the Client.
  2. The Vehicle must be returned to Hertlease BV equipped with all necessary on-board documents, all legally required accessories as well as all other accessories and equipment present at the time of delivery of the Vehicle. If one or more of these items are missing, the resulting costs are entirely borne by the Client.
  3. The Client must return the Vehicle in a clean and roadworthy condition, in accordance with the condition of the Vehicle at the time of its delivery. All repair costs that are not attributable to normal wear and tear are borne by the Client and will be charged to it. If damage is found upon return of the Vehicle that could be covered by an insurance policy but for which the reporting deadlines to the insurer have passed and consequently no insurance file can be opened, Hertlease BV is entitled to have a repair estimate drawn up. The resulting costs are entirely and integrally borne by the Client.

Use of the Vehicle

The Client undertakes to use the Vehicle as a normal, prudent and reasonable person. Concrete examples thereof include, without limitation:

  • Maintaining the Vehicle in its original condition, except for normal wear and tear;
  • Always locking the Vehicle;
  • Complying with the necessary maintenance schedules, repairs and technical instructions of the manufacturer;
  • Not adopting a reckless driving style;
  • Using the Vehicle only for the purpose for which it is intended and in accordance with the manufacturer's instructions;
  • Not using the Vehicle when there is a suspicion of a defect;
  • The driver must hold a valid and approved driving licence;
  • Not making any changes to the mechanics or bodywork of the Vehicle without the express prior consent of Hertlease BV;
  • Properly safeguarding all documents of the Vehicle.

If the Client does not use the Vehicle properly, it will be responsible for all resulting damages and/or costs.

Complaints

  1. If the Client has a complaint about a defect or non-conformity of the Vehicle received, it must immediately notify the manufacturer or seller. Hertlease BV will then transfer its rights to the Client, so that the Client can make claims directly against the manufacturer or seller. Article 15.2 of these General Terms and Conditions applies here.
  2. If the service provided does not meet what the Client could reasonably expect from the agreement, the Client must notify Hertlease BV thereof as soon as possible, but in any event within 7 calendar days of discovering the shortcomings. The Client shall provide as detailed a description as possible of the shortcoming. With regard to the liability of Hertlease BV, reference is made to Article 14 of these General Terms and Conditions.

Liability

  1. Hertlease BV can only be held liable for any direct damage arising from or related to the performance of the agreement between the Parties (in particular the Long-Term Rental Agreement or the agreement concerning any additional services).
  2. Any liability of Hertlease BV in relation to the Vehicle itself is expressly excluded, except in the event of intentional or gross fault on the part of Hertlease BV. Hertlease BV is not the manufacturer of the Vehicle(s). For this reason, it is not Hertlease BV, but rather the seller/manufacturer, who is liable for any damage caused by a defect in the Vehicle(s). Hertlease BV therefore assigns its rights to the Client to pursue the seller/manufacturer for defects in the Vehicle. Hertlease BV is furthermore not liable for any form of damage arising from the use of the delivered goods.
  3. Hertlease BV is never liable for any indirect damage, such as consequential damage, including financial damage, commercial damage, material damage, non-material damage, loss of profits and/or income, reputational damage, etc., except in the event of its own intent and/or gross fault, or in the event of death or personal injury.
  4. Within the limits of what is legally permitted, only the rules of contractual liability apply in the relationship between Hertlease BV and the Client, with express exclusion of the rules of extra-contractual liability. Any recourse by the Client to the rules of extra-contractual liability against the auxiliaries engaged by Hertlease BV (including but not limited to employees, shareholders, directors, members of management and all other auxiliaries called upon by Hertlease BV) is expressly excluded.
  5. The liability of Hertlease BV is in any event limited to the total price of the Vehicle, as stated in the Long-Term Rental Agreement.
  6. The Client is responsible for providing all necessary information regarding the Vehicle to its employees and for communicating the obligations arising from these General Terms and Conditions, as well as for ensuring compliance therewith.
  7. If Hertlease BV enters into an agreement with several Clients, each of them is jointly and severally and indivisibly bound to fulfil all obligations arising from these General Terms and Conditions, as well as the agreements concluded between the Parties (e.g. the Long-Term Rental Agreement).

Termination of the Long-Term Rental Agreement

Each of the Parties has the right to terminate the Long-Term Rental Agreement by notifying the other Party in writing with a notice period of 30 days.

If one of the Parties fails to fulfil its obligations under the Long-Term Rental Agreement, the other Party has the right to dissolve the Long-Term Rental Agreement immediately, without any compensation and without judicial intervention, at the expense of the defaulting Party, if the defaulting Party does not put an end to the breach within a period of 15 calendar days after a notice of default describing the established breach has been sent to the other Party by registered letter.

In the following cases, each Party will be entitled to dissolve the Long-Term Rental Agreement without judicial intervention at the expense of the other Party, with the costs of such dissolution being borne by the other Party:

  • In the event of bankruptcy or manifest insolvency, judicial reorganisation, suspension of payments and/or application for suspension of payment of the other Party;
  • In the case described in Article 19 of these General Terms and Conditions.

In the following cases, Hertlease BV will also be entitled to dissolve the Long-Term Rental Agreement without judicial intervention at the expense of the Client, with the costs of such dissolution being borne by the Client:

  • If the Client fails to pay the fixed monthly amount for two consecutive months (two outstanding invoices);
  • In the case described in Article 10.2 of these General Terms and Conditions.

Following termination of the Long-Term Rental Agreement for whatever reason, the Client immediately loses the right to use the Vehicle and is required to return the Vehicle to Hertlease BV within 7 calendar days of sending a registered letter to Hertlease BV. In the event of non-return of the Vehicle following termination of the Long-Term Rental Agreement, the Client is required, from the date of termination until the actual return of the Vehicle, to compensate Hertlease BV for the loss of enjoyment suffered for the period from termination to the actual return of the Vehicle. The Client will also in that case be responsible for the payment of the road tax and insurance of the Vehicle.

If the Client terminates the Long-Term Rental Agreement prematurely, with the exception of the cases set out in Articles 16.2 to 16.4 of these General Terms and Conditions, the Client is obliged to pay Hertlease BV a termination indemnity. This termination indemnity amounts to 50% of the total fixed monthly amounts still due up to the initial end date that the Client would have paid had the Long-Term Rental Agreement been fully performed.

If the Client wishes to continue leasing the Vehicle at the end of the originally envisaged Lease Period, this is only possible with the prior consent of Hertlease BV. In that case, the Long-Term Rental Agreement will be amended and redrawn, and the new rental terms for the Vehicle will be established. If the Long-Term Rental Agreement provides for a purchase option, the Client has the option of exercising the option once the Lease Period has expired and proceeding with the purchase of the Vehicle. In that case, the Client is required to pay the fixed monthly amount until such time as the takeover price for the Vehicle has been paid in full and the purchase is completed in accordance with the conditions set in advance by Hertlease BV.

Force Majeure

  1. To the extent that the fulfilment of the obligations under (i) the Long-Term Rental Agreement or (ii) the additional services, between the Parties, is prevented, made impossible or impeded by unforeseeable events such as: natural disasters, pandemics, epidemics and infectious diseases, war, invasion, acts of foreign powers or hostilities (with or without a declaration of war), civil war, insurrection, revolution, riot, military or occupying powers, unexpected power, electricity, internet, computer and telecommunications failures, computer viruses, strikes, unforeseen transport problems, adverse weather conditions, or by the introduction of laws, regulations, directives, orders or attachments by government authorities, or by strikes, lock-outs or factory shutdowns, the Parties are released from the liability arising from the agreement between the Parties.
  2. The Party in respect of which force majeure has occurred must notify the other Party thereof within a reasonable period of time after the occurrence of the force majeure.
  3. From the moment a force majeure situation lasts for at least 30 calendar days, the other Party is entitled to immediately terminate the agreement between the Parties, in whole or in part, by written notice. In such case, the Party affected by the force majeure situation will owe no compensation to the other Party, even if it derives any benefit from the force majeure situation.

Doctrine of Changed Circumstances

Where a Party demonstrates that (i) the continued performance of its contractual obligations has become excessively burdensome as a result of an event beyond its reasonable control that it could not reasonably have taken into account at the time of concluding the agreement (under the Long-Term Rental Agreement or additional services); and (ii) it could not reasonably have avoided or overcome the event or its consequences, the Parties are required, within a reasonable period of time after invoking this clause, to negotiate alternative contractual terms that reasonably make it possible to overcome the consequences of the event. The affected Party shall send the other Party a letter stating the nature and duration of the above-mentioned circumstances. If the Parties fail to reach agreement on alternative contractual terms, the affected Party has the right to terminate the agreement by written notice with immediate effect, without any further liability.

Transfer of Rights

  1. The Client accepts that Hertlease BV is entitled to transfer all claims, rights, obligations, insurance policies, etc. arising from the General Terms and Conditions, the Long-Term Rental Agreement or any agreement between the Parties, to third parties. Hertlease BV also reserves the right to transfer ownership of the Vehicles to third parties.
  2. The Client may only transfer its obligations or the Long-Term Rental Agreement to third parties with the express written consent of Hertlease BV. If the Client transfers its Long-Term Rental Agreement to a third party (with the consent of Hertlease BV), the Client owes Hertlease BV an administrative fee.

Consequences of Invalidity or Voidability

  1. If one or more provisions of these General Terms and Conditions prove to be invalid or voidable, this does not affect the remaining provisions of these General Terms and Conditions. These remain valid and enforceable.
  2. A provision that is invalid or voidable shall in that case be replaced by a valid and enforceable provision that to the greatest possible extent produces the same result as that which Hertlease BV intended to achieve with the invalid or unenforceable clause. The obligations under the invalid or unenforceable provisions are suspended pending such replacement. The Parties agree that the courts have a power of moderation with regard to such provisions.

Governing Law and Jurisdiction

  1. These General Terms and Conditions, as well as any agreement between the Parties, are exclusively governed by Belgian law.
  2. All disputes arising from these General Terms and Conditions, as well as any agreement between the Parties, fall under the jurisdiction of the Belgian courts, with the Dutch-speaking courts of Brussels having exclusive jurisdiction.