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General conditions of rental
Belgium
10/10/2013
General conditions of rental
Belgium
These general conditions of rental govern the contract exclusively and take precedence over those of the renter, particularly those stated on an order form. The rental company rents the vehicle described in the contract under field “Components of the vehicle”.
The signatory of the present contract binds both himself and any principal he may have. All notices may be validly sent and/or served to the address specified by the signatory to the contract, as being the home address or the registered office of the renter.
1. Vehicle Availability
Unless any damage or mechanical malfunction has been specifically noted on the rental contract or on the delivery report, the renter acknowledges that he has received the vehicle in good state of mechanical and bodywork repair, equipped with a complete set of tools, with a full tank of fuel, oil and other fluids, with a spare wheel, accessories and on-board documents required by regulations. Before signing the document, the renter will inspect the vehicle personally and will be given the opportunity to briefly test drive the vehicle on the rental company’s car park and will ensure that his remarks are noted upon the rental contract.
Should the renter encounter a mechanical problem during the rental period which was not noted during the test drive mentioned above, he shall immediately stop using the vehicle and shall immediately contact the rental company in order to agree upon the measures to be taken (e.g. return of the vehicle, immobilization of the vehicle while awaiting inspection by a mechanic, …). Failing this he shall be held responsible for any damages resulting from any use of the vehicle in this condition.
The rental company is not responsible towards either the renter or third parties for damages caused by a defective vehicle.
2. Driving the vehicle
a) The vehicle must be driven by the renter and/or the driver named in the contract subject to compliance with the driving obligations resulting from this contract and subject to payment of the supplement mentioned in the contract. The renter and/ or the authorized driver must hold a valid driving licence or at least the required permit accepted in Belgium and the said driving licence must have been held for at least 12 months. Licences in non Roman alphabets must be accompanied by an international driving licence.
b) Subject to any other restrictions or exceptions, the driver(s) must be at least 21 years old.
c) The renter will remain fully responsible towards the rental company for compliance with the contract.
d) Should the vehicle have been in the care of or driven by an unauthorized driver, the renter will lose the benefits of any liability limitations to which he subscribed.
3. Use of the vehicle and renter obligations
3.1 Pursuant to articles 1732 and 1735 of the civil code, the renter is bound to return the vehicle in a good state of repair at the agreed date and place. That return obligation is an obligation to achieve a result ; hence the renter is liable for any damage, for the disappearance and/or the total or partial loss of the vehicle including the costs to recover it and it lying idle unless he demonstrates that the damage was caused by a case of force majeure or by an external cause or else unless he has subscribed to the liability limitation agreement governed by article 4 of this agreement. The total value of the vehicle is available, upon simple request at the Avis rental office.
3.2 Under penalty of his liability being involved towards the rental company, the renter shall use the vehicle with due care and attention and i.a.
a) To comply with all current laws and regulations regarding, but not limited to, driving in traffic, parking, customs and transport. To pay all fines or any other costs that may be payable as a result of any infringement or violation that may be committed. If the rental company is notified of an infringement or violation, in addition to the amount of this infringement or violation, an amount of €40.00 plus VAT will be payable by the renter due to administration costs per infringement or violation, which may be increased to € 80.00 plus VAT if payment is not made within a period of 30 days.
b) To not use the vehicle when drunk or under the influence of alcohol, narcotics, medication or when he is unable to control his actions.
c) Whilst driving to not use equipment such as, for example, a walkman, tablet computers, smart or mobile phones without a hands-free kit, etc.
d) To use the vehicle for entirely normal, habitual and non-abusive use on appropriate passable, asphalted or paved roads open for road traffic. The parties expressly agree, by way of mere example, that this excludes transporting dangerous, harmful, flammable, explosive or corrosive substances; races and competitions of any kind, as well as their preparation, road tests and road trials, driving lessons; use of the vehicle to propel or tow a vehicle or any kind or trailer; passenger transport, either free of charge or not ; providing an express courier service.
e) To only use the vehicle in the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Great Britain, Italy, Luxembourg, Norway, The Netherlands, Portugal, Republic of Ireland, Sweden, Spain, Switzerland, complying with the following restriction:
- to not use the vehicle on the Mediterranean island territories,
f) To only use the correct fuel and to regularly check the levels of oil, coolant and windshield washing fluids; to comply with the manufacturer-recommended service intervals; immediately stop using the vehicle if any warning lights light up.
g) to not place any advertising on the vehicle, unless agreed in writing with the rental company.
h) to not load any goods into the vehicle that could damage it.
i) to not make any modifications, however minimal, to the vehicle.
j) to not sub-let the vehicle, to not entrust or sell it, either free of charge or for payment, nor to pawn or transfer or sell or dispose of it for any other reason.
k) to close the windows and lock the doors of the vehicle, even only leaving the vehicle for a short while; to not leave the vehicle documents and the rental contract behind inside the vehicle.
4. Exception to the renter’s liability
4.1.
The obligation for the renter to compensate the rental company from the damage caused may be waived by underwriting the liability limitation clauses called “CDW”, “SCDW” and/or “TP”/”STP””WDW” (window breaking) and/or “SUPER COVER”. In that case, the participation of the renter will be limited to the amount shown in the field “rental information” increased by the file costs as defined in article 7, para. c. That exception does not extend to damages inside the vehicle which are always to be borne by the renter. As regards utility vans, all damages caused to the vehicle at a height above the windshield are excluded from the “CDW” and “Super CSW” covers. Any damage caused to any of the under frame components of the vehicle shall be borne by the renter.
4.2.
The renter shall automatically lose the benefit of the limitation of responsibility in the following cases:
Violation of any of the obligations listed in article 3.2 above
Negligence of the renter when declaring the accident.
Should the renter entrust a non-authorized third party with the vehicle; any damage and/or the disappearance of the vehicle, irrespective of the reason, will be the exclusive responsibility of the renter.
By subscribing to Roadside Assistance Plus, the renter is exempt for roadside assistance costs as a result of:
- loss of car keys
- closing the vehicle with the keys inside
- the discharged battery
- lack of or wrong fuel
- flat tyre
Subscription to the Road Assistance Plus, does not exempt the renter from repair costs or replacement costs even if the Super Cover was subscribed
4.3
Should the vehicle disappear and/or be subject to vandalism, the renter shall immediately file a complaint with the local federal police and provide the rental company with a copy of the complaint. In case of theft, he shall in addition immediately return the keys and the on-board documents to the rental company.
4.4 Window breaking cover
If the renter subscribes to the so-called “WDW” cover when signing the agreement, he shall be exempt of liability as regards damage to the windshield or to any other window breakage.
5. Return of the vehicle
5.1
The renter is required to return the vehicle when and where agreed with the rental company, unless an extension and/or a modification is expressly agreed with the rental company. In addition, in the light of the requirements regarding the return of the vehicle imposed on the rental company by its suppliers, the renter commits to exchange the vehicle for a vehicle of the same category on the date fixed by the rental company. If this exchange is not carried out on the specified date, the rental company reserves the right to claim from the renter any financial damages that may result from the refusal to exchange or from the delayed exchange of the vehicle.
5.2
The vehicle must be returned to the car park reserved for Avis or as indicated by the latter. The keys of the vehicle must be returned to the rental stations’ desk to the agent appointed for that purpose during opening hours at the station and on the date agreed upon in the agreement. In no case whatsoever will our members of staff accept the keys elsewhere than at the desk of our stations. The renter must return all the keys he had received , tyres, documents, tools, accessories and equipment - without this being an exhaustive list. Any other method of returning the keys and the vehicle is not permitted. The vehicle must be returned with a full petrol tank. Failure to comply with the conditions laid down by this provision will render the renter liable for any possible damage to, or disappearance of, the rental vehicle. The renter is required to recover all of his personal belongings. Avis Belgium shall in no case be responsible for the possible disappearance of items which the renter may have forgotten in the vehicle.
5.3
When the vehicle is returned, other than in the event of him having notified the rental company of a particular loss pursuant to article 7, the renter will be entitled, if he so wishes, to carry out an inspection of the vehicle with a view to identifying any apparent mechanical damage or damage to the bodywork or the absence thereof.
A restitution document will then be drawn up for the sole purpose of an initial identification of this damage and without prejudice to the procedure set out in the case of loss. If no restitution document involving both parties has been drawn up, the parties agree that the renter authorizes the rental company - to carry this out. If the renter disagrees with the document drawn up by the rental company, he shall arrange for a second expert opinion within an 8-day period. The expert appointed by the renter shall have eight days to examine the car and fifteen days to hand in his report after he will have been appointed.
5.4
The renter who fails to return the vehicle by the date stipulated in the contract is liable to be prosecuted under civil and penal law as well as to continue to be charged under the terms of this contract without this constituting an automatic renewal of the contract. Furthermore, in this case, the renter authorizes the rental company to immediately recover the vehicle, wherever it may be, with a prior warning, and releases the rental company from any liability for any damage or costs resulting from such a recovery, including loss or damage to any object found in the vehicle, unless this loss or damage should be caused by willful misconduct (“dol” – “bedrog”) or a serious offence (“faute lourde” – “grove nalatigheid”) on the part of the rental company or its employees, proof of which falls upon the renter.
6. Liability
6.1 Civil liability
a.
The rented vehicle is insured by the rental company for civil liability according to legal provisions and the Royal Decree of 14 December 1992 on the standard contract. If the driver of the vehicle is involved in an accident with a third party and is at fault, an excess (“CL”) of €175.00 will be claimed from the renter per accident. If the driver of the vehicle is less than 23 years old or has had his driving licence for less than one year, the excess will be increased to €250..
b.
The renter may subscribe to additional individual accident cover when executing the contract. That insurance is taken out by Avis, for the benefit of the renter, with an approved insurer.
c.
The details relating to the CL cover, the additional accident cover and the exclusions of those two insurance contracts are available upon simple request at the Avis rental office.
6.2 Assistance and medical cover, known as “PAI” or “SPAI”
For these two policies, Avis Belgium is an insurance broker registered under number 14859 and has entered into an agency contract with CHARTIS. The limitations of liability are applicable per loss, i.e. per separate event.
7. Losses
The renter commits to taking all measures required to protect the interests of the rental company and of the rental company’s insurance in the event of an accident, in particular:
- to write down the names and addresses of the people involved and the witnesses;
- to not admit liability or fault;
- to not abandon the vehicle without having taken measures to ensure its safety and security;
- to immediately inform the police if a third party’s fault has to be established or if someone has been injured;
- to complete the accident declaration and to immediately send it to: Avis Belgium, 122, box 7, Rue Colonel Bourg - 1140 Brussels, even if a police report has been made;
- to immediately return the vehicle to the rental company for an inspection to be carried out in accordance with paragraph 2 below.
If the renter does not comply with these prescriptions, he will lose the benefit of the liability limitation cover as defined in article 4 depending on the on the negligence ascertained.
In the case of a loss, of important damage or in the absence of the renter’s liability limitation AVIS BELGIUM LTD will assign an expert who will invite the renter to be present at the time of the examination. The expert shall have the task of determining the damage and the cost of the repairs charged to the renter, taking into account the normal wear and tear of the vehicle, the expert being alone in assessing its impact, and of assessing the duration of their execution and the amount of compensation (lying idle, breakdown service, parking, etc.).
If the renter should lodge an objection to the expert’s findings, whether or not he has underwritten the aforementioned CDW or Super CDW cover, or if he is not entitled to the benefit of this cover (e.g. damage resulting from a breach of contract), he has a period of eight days to arrange for a second expertise.
The expert appointed by the renter will have eight days to examine the car and fifteen days thereafter to hand in his report.
If no agreement can be reached between the parties, common law procedures shall apply.
If the renter does not arrange for a second expertise, he accepts the conclusions of the expert and he commits to indemnifying Avis for the amounts determined by the expert, including the number of days of lying idle until the end of repair work as well as the expert assessment costs.
In the event of damage, if the client requires a final breakdown of costs before Avis is in possession of the final estimate for the repairs, the client agrees expressly to accept the value of a fixed repair estimate, and should he expressly require an estimation of costs he will be liable for a surcharge of €25.00 plus VAT.
8. Payment
The renter commits to pay cash, immediately upon the return of the vehicle or no later than upon receipt of each monthly invoice, if the rental is allowed for more than 30 days:
a) The rental amount calculated according to the going rate and based on the number of days of rental and kilometers traveled, determined by the odometer.
b) All the optional items to which he has subscribed when signing the contract, the VAT that is legally applicable.
c) The amount of damage caused, limited as the case may be in accordance with article 4 of the contract. Even if the renter’s liability was limited, he will account for any repatriation costs further to the invoices for costs effectively incurred and administration costs determined at € 65.00. The Damage Processing Fee is eliminated for all customers with a zero Non Waivable Excess.
d) If the vehicle is returned without a full tank of fuel, oil and other fluids, these costs will be charged to the renter plus compensation of €25.00 plus VAT.
If the car has driven less than 120 kms, a fee of 12.00 EUR plus VAT, will be charged to the customer except the customer can provide a recent fuel receipt.
e) An additional surcharge according to the percentage and minimum shown in the contract will be applied to any rental from our offices at airports and railway stations.
f) An amount of €125.00 plus VAT in the event of loss of the on-board documents.
g) An amount of €150.00 plus VAT in the event of loss of the maintenance record book.
h) In the event of loss of the keys, the replacement cost of these according to the manufacturer’s prices.
i) An amount of €4.00 plus VAT per contract as a contribution to environmental and ecological charges.
j) An amount of €16.53 plus VAT per day, up to a maximum of €160,33 plus VAT per contract, if the driver is less than 23 years old.
k) An amount of € 7.44 plus VAT per day, with a maximum of €84,30 plus VAT per contract, per additional driver named upon departure of the vehicle.
l) an intervention of €25.00 plus VAT for the costs of transfer of the vehicle, if the office to which the vehicle is returned is different from the office specified in the contract upon departure of the vehicle, in addition to the surrender costs relating to the return office.
m) A maximum amount of 10.00 plus VAT if the booking is made by telephone through the international reservations centre.
n) Any other amount that may be payable under this contract or may have been agreed between Avis and the renter or his agent. The rental company reserves the right to require the renter to pay a deposit at the time the vehicle is supplied, the amount of which will be calculated according to the expected duration of use and the kilometers to be traveled.
By means of his credit card, the renter expressly authorizes a guarantee to be constituted and any amount to be collected for which he is liable under the General Conditions. If the renter elects to pay in another currency than the currency used by Avis at the time of the price quoting, the exchange rate used shall be based on Citibank’s enterprise rate increase by 4% in respect of the service.
o) the subscription to the service assistance (Road Safety Net) exempts the renter for the payment of fees for breakdown/towing in case of flat tyre, lost key, battery failed or wrong fuel. However the cost of repair remains to the customer.
9. Methods of Payment
Any delay in payment shall entail the application by rights and without notice of default interest equal to 12% per year starting at the time the sum due should have been paid and payment of a fixed compensation of 15% of the balance remaining due, subject to a minimum of €125.00 and a maximum of €500.00. Any failure to pay an overdue invoice and any failure to comply with one of the clauses of this contract shall authorize the rental company to immediately terminate this contract by right against the renter and to retrieve the vehicle as determined in article 4 by simple notification by any method whatsoever (fax, mail, telephone or verbal notification, email), it being understood that the amount agreed upon will be due until the end of the agreed contract term or until such time the vehicle is effectively recovered. If the rental company should be in default towards the renter who is a consumer as defined by the law of 6 April 2010 on market practices and consumer protection, it will be required to pay an interest based on the same rate and according to the same modalities as well as a fixed amount of compensation equal to 15% of this amount.
Should the renter be a consumer under the terms of the law of 6 April 2010 on market practices and consumer protection, and only in this case, in the event of an immediate termination of the contract, the rental company relinquishes the right to claim the rental amount for the expected days of rental not yet elapsed from the moment the vehicle is returned to the rental company.
No dispute will be accepted by Avis Belgium after 1 month has elapsed from the day on which the rental invoice was issued. If the rental invoice has not been disputed within this period, the amount will be deemed payable in its entirety without any right to appeal, unless the client can demonstrate that it was impossible for him to receive the said invoice (or certified copies thereof).
10. Collection costs
Besides the penal clause and the default interest, in the event of judiciary procedure, the renter will be held accountable for the judiciary expenses.
11. Amendment of the contract
Any amendments to the terms and conditions of the contract which have not been made in writing will be null and void.
12. Miscellaneous
Under no circumstances shall any clause or part of a clause that may be declared null and void entail the nullity of the other clauses or of the contract.
Law on the Protection of Privacy (08/12/92)
The contract data will be included in the data file of the “Avis Group”. It is intended for internal purposes, however it may be used to inform the client of future promotional actions. The client has at all times a right to access, delete and correct this data.
13. Jurisdiction of the courts
This agreement is governed by Belgian law. Any dispute that may arise in respect of this contract will be subject to the jurisdiction of the courts of Brussels, with the exception of cases where, according to the law on market practices and consumer protection, these courts are deemed territorially incompetent.
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