Terms & conditions & GDPR

1. GENERAL TERMS AND CONDITIONS

ARTICLE 1.
The following general terms and conditions shall apply to the rental of all vehicles of Car Rental Meerschaert BV, with its registered office at 8340 DAMME, Natiënlaan 9 and with company number 0842.138.261 (hereinafter: the lessor), to the exclusion of any terms and conditions of the hirer. When reserving and using our vehicles, the renter is bound by and accepts these general terms and conditions.

ARTICLE 2.
Each reservation will be confirmed by phone or e-mail as soon as possible. Only in case of an online reservation will the renter always receive an e-mail confirming the good receipt of his reservation. The rental company will check to what extent the reserved vehicle is available. If so, this is confirmed to the renter and the rental agreement is concluded. If not, an alternative will be offered, which the hirer may or may not accept, or the reservation will be cancelled.

The lessee agrees that the lessor communicates with him both by telephone and electronically. The lessor is allowed to send e-mail messages and other communications regarding reservations.

If a contract has been concluded, the tenant-consumer has the right to notify the lessor that he renounces the rental, without payment of any compensation and without giving a reason within 14 days of the order .

If a non-consumer renter fails to honour a reservation or order placed by him and consequently fails to collect the vehicle, or cancels within 48 hours before the start of the rental period, an indemnity will be charged to this customer in the amount of EUR 150 excluding VAT, EUR 181.50 including VAT.

In case of early termination of the rental agreement, the tenant will pay the rental amount for the initially specified rental period as provided in the rental agreement.

ARTICLE 3.
All prices are quoted in euros. These prices are always quoted inclusive of VAT, but exclusive of other costs such as: excess amount, fuel consumption, extra kilometres, extra driver, environmental contribution, ... (the aforementioned list is not exhaustive) The number of kilometres included is also stated and the 'basic' insurance is included. Payment is made in euro. The lessor has the right to change the indicated price before the hirer places an order.

ARTICLE 4.
The rental is granted for a term as agreed in the rental agreement. If the tenant wishes to extend the current rental agreement towards the end of the agreed rental period, he/she will have to request this either on site or at the landlord's branch or in writing (by post or e-mail) to the landlord. If necessary, the current rental agreement will then be amended and a new rental agreement will be drawn up. The request for extension should be made at least 24 hours before the end of the agreed rental period. If none of these conditions are met, the rental agreement will automatically be extended at the same rates and conditions as agreed in the last agreement, until the vehicle is returned. These conditions apply to both voluntary and forced immobilisation of the vehicle. The renter bears full responsibility for the timely return of the vehicle. The vehicles should always be returned at the hirer's own responsibility before the end of the hire period stated on the hire contract. The lessor offers the possibility to the hirer to drop off the vehicle outside office hours. The key can then be deposited in the key box provided for this purpose. The renter remains liable for all possible damage found on the vehicle until the rental company is in possession of both key(s), vehicle and all documents and accessories and has had the opportunity to verify the condition of the vehicle. The rental company is also entitled to charge the renter for all additional costs caused by facts or circumstances attributable to the renter. These are all costs in the broadest sense that need to be incurred to recover the vehicle. This includes: towing costs, road tax, customs costs, repatriation costs, storage costs, legal costs, costs of legal assistance, etc. (the aforementioned list is not exhaustive). By signing the rental agreement, the hirer authorises the contractual driver and any person in possession of the vehicle during the rental period to extend the contract, in the name and on behalf of the hirer, whether tacitly or not, and to pay any additional guarantees. The rental agreement between the lessor and a legal person may be concluded by the representative appointed by the legal person. Should it turn out that the person claiming to be the representative of a third party (whether or not a legal person) does not have this capacity, the lessor may consider this person to be the contracting party and charge all rental fees and charges to him.
In all cases, the hirer authorises the lessor to determine the damage to the vehicle, if this could not be determined together with the hirer. The hirer accepts these findings as contradictory. The lessor will document the damage and communicate it to the hirer.

ARTICLE 5.
The hirer and/or the contractually determined drivers commit(s) himself/themselves, in case of well-founded reason and motivated request, e.g. because of outstanding invoices, at the request of the police, the need for an inspection, etc., to release the vehicle to the lessor, without being able to claim any compensation for this. With due observance of the rights and obligations of both parties, as ensuing from the rental agreement, the lessor can at all times replace the rented vehicle with a similar one. The lessee shall immediately comply with the lessor's call to do so.

ARTICLE 6.
A. The vehicles will be made available to the hirer and/or the contracted drivers

B. The vehicles are provided with a copy of all official on-board documents. Before handing over the vehicle to the renter, the latter will sign a checklist provided by the rental company to verify that the vehicle is in order before departure and that all necessary documents are present. After checking, the hirer confirms by signature that all documents are present in the vehicle. If during the rental period the insurance document expires, the lessor will send the new document to the hirer by e-mail. The hirer undertakes to add this new document to the on-board documents.

C. Before the rental agreement is concluded, the lessor will provide the hirer and/or the contractually determined drivers with a contradictory digital damage sheet and checklist reporting any visible defects or incomplete equipment. Upon collection of the vehicle, the damage will be inspected mutually. After inspection and by signing this checklist, the hirer and/or the contractually determined drivers acknowledge to have received the vehicle in the condition as described in the checklist and equipped with the equipment and accessories described in the checklist. This checklist will be transmitted to the hirer by e-mail after signature. The hirer and/or the contractually determined drivers undertake to return the vehicle in the same condition, with the same equipment, apart from normal wear and tear. The liability of the hirer for any damage, of whatever nature, is stipulated in article 9 of these terms and conditions.

D. Unless the damage has already been established in the contradictory damage sheet, the tenant and/or the contractually determined drivers are always jointly and severally liable (jointly and severally) for any damage,

E. Before concluding the rental agreement, the hirer and/or contracted drivers shall check the brakes, lights, fuel volume and odometer. The findings shall be recorded in a checklist or contradictory digital damage sheet. Should it be established during use or upon return that any of the tachograph or odometer marks have been removed or damaged, the hirer shall owe the lessor a lump-sum compensation at the rate of 600 kilometres per day. F. Before concluding the rental agreement, the hirer and/or the contractually determined drivers shall take note of the instructions and manual of the vehicle and/or tools and materials. Afterwards, by signing the rental agreement, by simply taking delivery of the rented vehicle and/or tools and materials, the hirer and/or the contractually determined drivers expressly declare(s) to have taken cognisance of the operating instructions and manual.

G. The hirer and/or the contractually determined drivers also declare(s), insofar as required by law, to have the necessary permits (e.g. permit for courier services,...) as well as sufficient experience for the use or driving of the hired vehicle.

H. The lessor declares that the vehicle is delivered in full technical order free of the legally required technical inspection. Should the vehicle suddenly show any defects regarding its (proper) mechanical functioning while driving, the hirer is obliged to immediately inform the lessor.

ARTICLE 7.
A.No advertising may be affixed to the vehicle by the hirer and/or driver, except those expressly authorised in writing by the lessor. Failure to comply with this shall result in the full costs incurred by the renter, including the costs of repair and removal of any advertising applied by the renter and/or for replacing or renewing the original lettering.

B. The tenant and/or the contractually determined drivers commit(s) to:

ARTICLE 8.
The hirer and/or the contractually determined drivers are always jointly and severally liable (jointly and severally) for the violations, fines, taxes, fees and/or compensations, regardless of who was driving the vehicle at that time, even for those made by third parties to whom the hirer and/or the contractually determined drivers should not have handed over the vehicle according to this agreement. They will have to pay all fines, taxes, retributions and/or fees arising therefrom.

The hirer shall always remain liable for the payment to the fines incurred, taxes or fees as a result of violations in the widest sense of the word, unless these are not paid directly to the hirer and/or the (non-)contractually determined drivers (e.g. parking fees via the number plate in the name of the lessor). Moreover, for each tax, fee and/or fine incurred, there will always be an administrative charge of €15 excluding VAT, €18.15 including VAT for the administrative processing by the lessor. per fine/taxation/retribution will be charged to the tenant.
The hirer and/or drivers declare to have valid identity documents, a valid driving licence, the necessary permits and the required experience to use the hired vehicle.

The tenant and/or the directors declare no disqualification to steer in the last 5 years.

The driving of the rented vehicle is reserved for the main driver with residence in Belgium or a neighbouring country or reserved for a main driver with temporary residence in Belgium, employed by a company renting a vehicle from Meerschaert Car Rental, and in possession of a valid European driving licence.

Fuel consumption is always and entirely the responsibility of the hirer who will use the appropriate fuel according to the technical requirements imposed by the manufacturer of the vehicle.

The car is always delivered to the lessee with a full tank at the start of the rental period. The vehicle should always be returned with a full tank at the end of the rental period. In the exceptional case that the vehicle would not be fully refuelled at the start, the hirer should return the vehicle with an equally filled fuel tank. If this is not complied with, the lessor will refuel the vehicle and the hirer will be charged for the refuelled vehicle at a flat rate of € 12.40 excluding VAT, € 15.00 including VAT.

The hirer and/or the contractually determined drivers shall check the water and oil level daily and keep it at least at the correctly prescribed level, and also check the antifreeze level and top it up if necessary. In case of negligence in this respect, the damage shall be entirely the responsibility of the lessee.

At the lessor's first request, the hirer and/or the contractually determined drivers also commit to bringing in the hired vehicle in time for periodic maintenance, or for the periodic inspection, or for an expertise after damage. All mechanical damage caused due to non-compliance with this request shall be entirely at the expense of the hirer and/or contractually determined driver(s).

The hirer and/or drivers shall immediately report all defects and faults in the vehicle to the lessor. If repairs prove necessary en route, they should be entrusted to the lessor. Should this prove impossible, the hirer must obtain the lessor's prior written consent before having the vehicle repaired by a third party. The lessor will inform the hirer of the authorised garage owners who are located within the closest possible distance to the hired vehicle. The hirer undertakes to turn to one of these approved garages in the first instance. Each repair, carried out without the explicit consent of the lessor, will remain at the expense of the hirer. An exception shall be made for urgent interventions to ensure the preservation of the vehicle (e.g. fire). The hirer and/or the contractually determined drivers always undertake to return the vehicle to the lessor at his (their) expense.

In case of a tyre burst, the hirer and/or the contractually determined drivers shall, in order to limit the damage as much as possible, ensure that the spare wheel, if any, is fitted immediately and that the flat tyre is repaired immediately. In case the hirer and/or the contractually determined drivers fail to do so, which the lessor will be able to determine on the basis of the damage to the tyre, the hirer and/or the contractually determined driver(s) will be obliged to compensate the lessor for the value of a new tyre (andpossibly rim) of the same type. If the driver continues to drive on the flat tyre, all consequential damage to rim and drive is the responsibility of the hirer.

The cost of a new bond shall be borne by the tenant with the exception when subscribing to a full waiver - said maxi.

Costs incurred by the tenant and/or the contractually determined drivers, and for which he has obtained the prior agreement of the lessor, will only be reimbursed to him if the relevant invoices are drawn up in respect of the lessor.

The hirer undertakes to present the vehicle at the lessor's simple request on a monthly basis for an evaluation of the condition of the vehicle and for the registration of the mileage. Any contractual excess or exemption for ascertained damage shall be due in full by the hirer to the lessor at that time.

To promote efficient and transparent handling of damage cases, the landlord shall apply flat-rate compensation for common types of damage. These amounts are applied on the basis of objective criteria (such as dimensions) and apply without prejudice to the landlord's right to draw up a damage estimate for more severe damage. The flat-rate compensation amounts are set as follows:

Rim damage:

The tenant acknowledges and accepts these lump sums upon signing the rental agreement. In case of dispute, the lessor can always rely on an independent expert report.

ARTICLE 9.
The lessor shall pay for all material damage to the rented vehicle caused by the hirer and/or the contractual driver(s), with the exception, however, of the contractual excess mentioned in the special conditions to this agreement and the exclusions mentioned below.

Every agreement automatically includes the 'basic' package.

When entering into the agreement, the lessee can choose between two optional packages, i.e. 'medium' and 'maxi'.

Each of these packages has its own terms and modalities.

Basic: 

Medium: 

Maxi: 

The renter must pay the amount of the contractual excess, except in case of force majeure as stipulated in Article 16 of these terms and conditions or when the damage caused can be recovered from a third party whose liability has been proven. In case of liability of a foreign counterparty, the exemption own damage is due until the moment of recovery of the own damage from this counterparty.

Subject to payment by the hirer of a commutation sum, the hirer may reduce the amount of the excess in the event of damage, and this in accordance with the offers and rates of which the hirer becomes aware and acknowledges to have become acquainted with when entering into the agreement.

The choice of package basic, medium or maxi can only be made before the start of the hire period and only becomes final after effective payment of the hire price. Unless expressly agreed by the lessor, no change of package can be made during the rental period.

An own damage exemption is due per claim. Various damages to a vehicle unrelated to each other are considered and treated as separate claims, each of which is subject to the contractual exemption.
Subject to payment of the highest surrender fee (package Maxi), the hirer must pay the smallest amount of excess in case of damage. In this case, in the event of a puncture or blowout, the lessor undertakes to pay for a new tyre or repair of the tyre. Any cost of a new rim will be borne by the hirer and will be covered by the contractual excess. Also in case of glass breakage, except for headlights and mirrors, the lessor will bear the cost of repair.

Except in cases of extreme urgency, repairs can only be carried out with a written order from the lessor.
In case of theft, regardless of the chosen excess waiver formula, the excess of the basic package applies.
No VAT will be passed on to the tenant on the repair costs.

The towing costs, costs for pick-up and repatriation are provided for in the breakdown assistance included. Unless the towing costs, collection costs and repatriation costs are the result of a wrongful use of the vehicle, these costs will always be invoiced in full and are at the expense of the renter. In this case where the renter's liability is involved, a handling fee of EUR 50.00 excluding VAT, EUR 60.50 including VAT shall be charged per damage.

Exclusions: regardless of any surrender money paid, the hirer will in any case be fully responsible for all repair costs to the vehicle in the following cases :

ARTICLE 10.
Civil liability is covered by an authorised insurance company.

In the event of damage to third parties, there is always an exemption of €500.00 which will be charged and remains at the expense of the hirer. If the driver is under 23 years of age at the time of the claim, the exemption amounts to €1,500.00.

In case of damage, e.g. due to an accident, the lessee is obliged to inform the lessor immediately and at the latest within 24 hours in writing. The lessee explicitly assumes the obligation to pay the contractual exemption(s) within 8 days after receipt of the relevant invoice, regardless of his civil or criminal liability for this. Furthermore, the hirer shall always and within 24 hours after the accident, send a clear and fully completed and signed accident report to the lessor, accompanied by the number of the official report drawn up by the police authorities of the place where the accident or damage occurred. In case of failure to report the accident, the lessor no longer undertakes to pay for the damage caused and all consequences and costs thereof shall remain entirely the responsibility of the hirer. The hirer and/or driver shall immediately submit any notice of default, assignation and other documents to the lessor.

To determine the repair costs, the lessor shall request a quotation from a bodywork company, whereby the lessee always has the right to carry out his own assessment within a period of 8 working days after the end of the lease. This can only be done by a recognised car expert appointed by the hirer. The costs of this assessment shall be borne by the hirer.

The renter takes note that all occupants are insured in civil liability during the use of the rented vehicle, regardless of whether the contractually specified driver is liable. The number of occupants is determined by the homologation of the vehicle and may in no way be exceeded. The contractually specified driver is not insured for bodily injury resulting from an accident for which he is liable. Repatriation of persons is not included in the rental agreement.

ARTICLE 11.
In case of breakdown, a replacement car can be provided and VAB is called upon.
The following conditions apply:

The rental agreement does not include legal aid.
 

As soon as theft or disappearance of the rented vehicle is detected by the hirer and/or the contractually determined drivers, he/she/they shall immediately report this to the police and immediately provide the lessor with the details of the report drawn up, as well as a clearly legible copy thereof. In the absence of this or a late report, the hirer (except for proven force majeure) will in no case be able to claim any cover and will have to compensate the lessor for the full damage caused by the loss of the vehicle. If the hirer is no longer in possession of the key of the vehicle, he/she will also have to compensate the lessor for the full damage caused by the loss of the vehicle. 

If the rental company needs to use the tracking system in the vehicle in order to regain possession of the vehicle in case of failure to return or late return by the renter, a fixed cost of 15 euro excl. VAT, 18.15 incl. VAT will be charged and this per intervention. 

Rental vehicles are not subject to the kilometre charge for trucks. 

A.           The security deposit must be lodged upon signature of the rental agreement. It will only be returned to the hirer and/or guarantor when the hired vehicle is returned, and after a contradictory report has been drawn up showing that no damage has been found to the vehicle, and a fortiori after all sums owed by the hirer to the lessor have been paid to the latter. Deposits retained may be charged by the lessor against all sums owed by the hirer to the lessor. 

B.            Rentals are subject to the rental price set out in the agreement. The rental prices are fixed for each type of vehicle, also on a mileage basis. Supplementary kilometres travelled will be the subject of a separate billing section. The price agreements laid down in this agreement shall at all times take precedence over prior offers, price lists or agreements made. 

C.           If the tracking data show that the hirer repeatedly exceeds the permitted speed limits, and in particular if excessive speeds are observed, the lessor reserves the right to withhold the deposit for a longer period. This withholding shall be made to cover any (delayed) traffic fines, administrative costs or other damages arising from the observed violations. The hirer acknowledges that such driving behaviour constitutes 

Unless otherwise agreed, all invoices of the lessor are payable immediately and in cash at the latest on the scheduled due date. 

In the case of leasing to a company, any invoice not paid on its due date will be increased, ipso jure and without notice of default, by an interest on arrears of 12.5% and a compensation clause of 10% 

In case of rental to a consumer, a first free payment reminder will be sent for an invoice not paid on its due date. If the tenant-consumer has not paid the invoice after the expiry of a period of fourteen calendar days following the payment reminder, the invoice amount will automatically be increased by default interest equal to the interest rate referred to in Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions, until the day of full payment. In addition, once this period has elapsed, the invoice amount will also be increased by a lump-sum compensation, the amount being equal to €20 if the balance due is less than or equal to €150; €30 increased by 10% of the balance due if the balance due is between €150.01 and €500; and €65 increased by 5% of the balance due with a maximum of €2,000 if the balance due is more than €500. 

In case of electronic transmission, the period of 14 calendar days shall start on the calendar day following the day on which the reminder was sent. In case of transmission by post, this period shall start on the third working day after the reminder was sent. 

If the landlord fails to fulfil his payment obligations, the tenant has the same options as the landlord. 

Any complaints or protests regarding the invoiced performance/services must be served within 8 days of the invoice date, failing which they will no longer be accepted. 

In case of non-payment of one invoice, all other invoices not yet due shall also become immediately due and payable and possible other different price agreements and/or instalment arrangements shall also expire. 

The lessor shall not be responsible for any loss or damage caused by delay or failure to perform its obligations contained in these conditions if caused by strike, occupation, riots, war, fire, force majeure, accidents, defects or shortages on the part of the lessor's suppliers, restrictions imposed by the government, non-granting of import or export licences, subjection to law, regulation or order, or due to other unforeseeable circumstances or causes, which seriously interfere with the performance of these conditions. Nor shall the lessor be liable for the consequences of undetectable defects and mechanical problems that would occur in the absence of any fault or negligence in normal maintenance. Without prejudice to the other provisions of these general conditions, the Lessor shall not be liable in the event of proven force majeure, on the understanding that financial insolvency and damage caused by an unidentifiable third party (e.g. theft or vandalism) can never be considered force majeure. 

Without prejudice to the provisions of Article 2 (booking via the website), written communication between the Lessee and the Lessor shall be made by e-mail or by post (at the Lessee's discretion) at the (electronic) address specified in the Special Conditions. Both the lessee and the lessor are solely responsible for notifying the other party of any change of their (electronic) address. The parties accept that the electronic communication between the parties may serve as evidence under this agreement. 

The tenant agrees that the landlord's invoices will only be sent in electronic form to the tenant's specified e-mail address. The tenant may request to receive invoices by post at any time, in which case the tenant will be responsible for the postage costs associated with this. 

This agreement is governed by the rules of law applicable in Belgium. In case of dispute regarding one or more provisions of the rental agreement, only the courts of the judicial district where the lessor's registered office is located have jurisdiction.
 

2.  PRIVACY LAW AND THE GENERAL DATA PROTECTION REGULATION 

As the lessor and owner of a vehicle, we are required by law to disclose the identity of the hirer/driver(s) at all times within the framework of identifying a road traffic offender. This forces us to keep the data of the hirer/driver(s) in a protected environment. 

We quote Article 67bis Road Traffic Act : Where an offence under this Act and its implementing decrees has been committed with a motor vehicle registered in the name of a natural person, and the driver was not identified when the offence was established, it shall be presumed to have been committed by the holder of the vehicle's number plate. The presumption of guilt may be rebutted by any means. 

And Article 67ter Road Traffic Act : When an offence under this Act and its implementing decrees has been committed with a motor vehicle registered in the name of a legal person, the natural persons representing the legal person in court are obliged to disclose the identity of the driver at the time of the offence or, if they do not know it, the identity of the person in possession of the vehicle. 

The communication must be made within 15 days from the date the request for information attached to the copy of the 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, in the manner mentioned above, the identity of the driver. 

The natural persons legally representing the legal person as holder of the number plate or as holder of the vehicle shall be obliged to take the necessary measures to comply with this obligation. 

The person concerned may consult his data for thirty days but this does not release the lessor from his obligation to keep the contractual data in unaltered form. All requests must be made in writing by sending an e-mail to info@verhuurmeerschaert.be. 

The lessor declares that the data of the hirer/driver(s) are stored on protected hardware that can only be consulted by the authorised persons. These data are only used within the framework of any legal obligation concerning the Road Traffic Act and the National Insurance Act. 

The rental company's vehicles are equipped with a tracking system. The data is stored in a secure environment accessible only by an authorised person of the lessor. The purpose of the tracking system is to protect the vehicle from theft. The data can only be released with a warrant from an investigating judge or as part of an investigation into insurance fraud. 

If the hirer/driver has given permission for his details to be used for contact by e-mail, SMS, fax or post, they will only be used for communication relating to the rental of a vehicle and any other communication within the framework of the activities of Autoverhuur Meerschaert BV. The data are stored in a protected environment and will under no circumstances be used for other commercial purposes than those appropriate to Autoverhuur Meerschaert BV. 

The tenant/manager has the right at any time to view his/her data, correct errors or delete his/her data from the file and can withdraw his/her consent for the use of his/her data at any time. The data will then no longer be used for internal commercial purposes but will still be kept in accordance with legal obligations. To do so, the tenant can send an e-mail to: info@verhuurmeerschaert.be. 

Any data subject may consult the privacy policy of Autoverhuur Meerschaert BV at https://www.verhuurmeerschaert.be/en/privacy