General rental conditions
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1. Basic conditions

The general terms and conditions of rental, together with the special rental conditions, the rental contract and the insurance taken out, jointly form the limited-term rental agreement (hereinafter referred to as “the rental agreement”) between Xwift BV, on the one hand, located at Steenweg Deinze 148, 9810 Nazareth, and registered in the register of legal entities in Ghent under number (VAT BE) 0464.886.950 (hereinafter referred to as “the landlord”)), and, on the other hand, the customer whose details are included in the rental agreement (hereinafter referred to as “the tenant”). The tenant can be either an individual or a business customer. Depending on the situation, the term renter may also apply to drivers who are authorized by the renter to drive the rented vehicle.

The rental contract is governed exclusively by these general terms and conditions and special terms and conditions, with an explicit waiver of any terms and conditions of the tenant. The tenant declares to accept these general terms and conditions.

This agreement annuls and replaces, including retroactively, all previous written or oral agreements, including preliminary agreements, concerning the said vehicle.

The rental agreement is only binding on the part of the landlord after signing by a person authorized to bind the landlord. If several natural or legal persons act as tenants, each of them commits jointly and severally for the whole. The cancellation of the debt or obligations of one of the jointly and severally related co-debtors by the landlord therefore does not release the other co-debtors from their obligations towards the landlord.

2. start date and duration of the rental agreement

The rental is provided for the period specified in the rental agreement and starts on the day the vehicle is actually made available. The tenant must submit a request at least 24 hours in advance for a possible extension of the rental period. The landlord has the right to refuse an extension.

Reservations can be made at our office, via the website, by phone or email. A reservation is only guaranteed after confirmation of the reservation has been received.

If, upon termination of the rental agreement, the renter does not respond to a request from the landlord to return the vehicle, the lessor has the right to recover the vehicle even if the renter opposes it. In this case, the renter does not have the right to file a complaint due to the recovery of the vehicle. The costs resulting from recovering the vehicle are borne by the renter.

The lessor has the right to terminate the agreement without formalities and to take back the vehicle at any time if the renter does not comply with the agreement, or uses the vehicle irresponsibly or in violation of the law, or in the event of death of the renter, or when there is legal action or attachment against the renter.

3. use of the vehicle

The tenant must comply with the following:

1) To use the vehicle with care and with due care and only for the purpose for which it was designed:
• For example, it is not allowed to load items into the vehicle that could cause damage, whether due to their nature, packaging or attachment.
• The renter may not load or transport dangerous goods or goods subject to special regulations.
• The renter may not carry out paid transport of goods or persons with the vehicle.
2) Not to abuse the vehicle in any way, for example by speeding, participating in races, overloading, driving on unsuitable roads or terrains, towing cables or bars, etc.
3) Do not make any changes to the vehicle.
4) Always park the vehicle correctly and also safely and appropriately.
5) Not to perform unauthorized or even suspicious operations with regard to the odometer.
6) Use the vehicle in accordance with the manufacturer's guidelines, which are deemed to be known by the renter.
7) This includes the following: using only the appropriate fuel; as well as checking the oil and coolant levels regularly.
8) Take all possible precautions to prevent damage, theft or an accident. The Renter undertakes to always lock the vehicle with the key and, in the event of an alarm system, to use it at all times. The Renter will never leave any vehicle document, this rental contract or any other document that is important to the Lessor in the vehicle.
9) Do not place an advertisement on or near the vehicle.
10) Not to rent out, pledge or otherwise transfer the vehicle.
11) Not to allow persons to drive the rented vehicle who do not meet the legal requirements to operate a vehicle, including but not limited to age, valid driver's license, driving license revoked.
12) Not to use the vehicle while intoxicated or under the influence of alcohol, drugs, medicines or if he is generally in a state of reduced control over his actions.
13) Use the vehicle for normal, normal and non-harmful use. This includes — but not limited to — the transport of dangerous, harmful, flammable, explosive or corrosive substance competitions and their preparation; driving lessons; road tests; public transport of passengers; transporting passengers for compensation, regardless of whether or not the compensation has been explicitly or tacitly determined; using risky or prohibited devices such as a mobile phone without a hands-free set, walkman, walkie while steering -talkie or walkie-talkie; in general, any use that causes application of the insurance policy may be excluded.
14) Not allowing people to drive the vehicle in violation of traffic rules.

The rental company is not responsible for damage caused to the renter or third parties due to the use of the vehicle or technical defects caused by the renter himself.

Damage to the vehicle as a result of the renter ignoring warning lights or signals is at the expense of the renter. In case of warning lights or signals, the tenant will always immediately report to the landlord and ask for instructions.

All costs resulting from non-compliance with this article 3 will be borne by the tenant. The renter must also pay compensation to the lessor for each day that the vehicle cannot be rented out as a result of such an offence. This fee is equal to the daily price (prorated based on the weekly price) for the vehicle.

4. Provision of the vehicles

The vehicles are made available to the renter at the rental company's location.

The renter also acknowledges that the vehicle is equipped with full equipment, spare wheel and tire, all accessories required by law, the maintenance booklet and all required official traffic and transport documents. From the moment the vehicle is provided, the renter is responsible for all these documents entrusted to him.
In the event of the disappearance, for whatever reason, of one or more of these documents, the tenant will be held responsible for any direct or indirect damage that the landlord would suffer as a result.

Condition of the vehicle upon receipt by the renter: The lessor guarantees that each vehicle rented out is in a normal working condition and has all legally required accessories. The lessor prepares a damage report that shows the condition of the vehicle at the time the keys are handed over to the renter, and the renter and lessor jointly inspect the vehicle for visible damage.

If the circumstances in which the keys are handed over to the renter or the vehicle is put into use are such that the renter and the lessor are unable to inspect the vehicle together for visible damage, the renter has the right to report visible damage that is not listed on the landlord's damage report within 30 minutes of putting the vehicle into use. From the moment the rented vehicle is provided, the renter automatically becomes the holder of the rented object and subsequently agrees to fully comply with all possible legal obligations regarding the use and keeping of the vehicle.

5. Driving the vehicle

The renter is at all times responsible for all fines, costs and penalties resulting from the use of the vehicle from the time the renter receives the vehicle keys until they are returned to the rental company.

The renter must ensure that the rented vehicle is only driven by an experienced driver. Each driver must be at least 23 years of age and have a valid driver's license for that type of vehicle for at least 12 months.

The landlord reserves the right to demand that the driver be replaced if he does not meet the specified conditions.

6. insurance

The rental price includes the insurance premium for the legal liability of the tenant and the directors approved by the landlord. The premium for covering material damage is also included. Both liability insurance and property damage coverage have a deductible per claim borne by the renter, subject to recourse to identifiable third parties. This deductible varies depending on the vehicle and is listed in the special rental conditions.

All damage must be reimbursed according to an expert's estimate. The tenant has the right to have a counter-expertise carried out by a recognized expertise office within one week of our expert's determined result.

The deductible for civil liability is 750 euros including VAT per claim. If the driver is under 26 years old, the liability insurance deductible is increased by 250 euros and the deductible for property damage by 500 euros in the event of an accident or damage.

The deductible for a full comprehensive insurance is 1,500 euros including VAT per claim. There is an additional deductible of 500 euros including VAT if the driver is under 26 years old.

The deductible in case of glass breakage is 250 euro including VAT per claim. With a small star in the window (maximum size of a 2 euro coin), the deductible is 50 euro including VAT.

The insurance does not cover the following cases:

1) A (traffic) accident without a report
2) Late declaration (more than 48 hours after the accident)
3) Accident involving a hit-and-run by the renter
4) Drunkenness

In all these cases, the damage to the rental vehicle and any additional costs are fully borne by the renter.

In the event of a claim, the tenant's deductible is immediately due and payable.

The following damages are never covered by the insurance and are therefore always at the expense of the tenant:

1) Accidents and damage that have not been reported to the landlord within 48 hours.

Unless caused by an identifiable third party:

2) Damage to tires and rims.
3) Damage resulting from incorrect or abnormal use of the vehicle.
4) Material damage within the deductible amount set out in the special rental conditions.
5) Fire damage and upholstery damage to seats, doors and carpets, as well as any other damage to the interior (stains, cracks, etc.).
6) Damage to the underside of the vehicle (vehicle tracks, road subsidence, construction sites, bollards, etc.)
7) Damage to the top of the vehicle (anything above the windshield) and any resulting damage, plus any consequential damage to the vehicle resulting from contact with gates, branches and trees, ceilings, signs, lights, bridges, underground car parks and tunnels and other obstructions of any kind that are lower than the height of the vehicle.
8) Theft is only covered if the keys to the vehicle (except for carjacking or homejacking), together with the report of theft to the police, are returned to us within 24 hours of the facts.
9) Damage caused by the load and/or overloading

For each claim, an administrative fee of 75 euros will be charged.

7. vehicle maintenance and repair

The renter must immediately inform the lessor of any damage, defects or defects in the vehicle.

The tenant may not carry out maintenance or repair work (or have it carried out) without prior consultation with the landlord. If possible, this consultation must be confirmed by email or text message, so that both the landlord and the tenant can demonstrate what has been agreed. In very urgent cases, a telephone conversation may suffice.

In situations where urgent maintenance or repair is necessary, or in areas where the landlord has no authorized service points or repair services, maintenance and repairs should only be performed by an institution designated by the landlord. Any intervention or repair that is carried out without meeting the above conditions is at the expense of the tenant and cannot be recovered from the landlord.

If the tenant expects the number of kilometers included to be exceeded during rental periods of up to 1 month, he must inform the landlord and follow any special instructions.

Any violation of this article will result in the tenant being obliged to compensate the damage or pay the additional costs resulting from this excess.

8. Owner's right to own

The lessor is and remains the owner of the vehicle at all times. This exclusive right of ownership in its broadest sense is recognized by the tenant, who will always respect this right and will always take the necessary steps to prevent any impairment.

For example, in the event of attempted custody, executive or any other seizure, criminal attachment, including confiscation or immobilization by Belgian or foreign customs authorities due to smuggling practices or other infringements, he will immediately make it clear by all possible means that the vehicle is exclusively owned by the lessor, immediately notify the lessor and immediately dispute the seizure, all without prejudice to the rental company's right to cancel the relevant measure himself. to claim,. If the seizure is actually carried out, the tenant will be obliged, at his expense, to obtain its removal as soon as possible. The tenant will be obliged to compensate the landlord for all damage resulting from this seizure.

The renter accepts the unfalsifiable signs or plates, if applicable, attached or to be confirmed by the lessor to the vehicle, reminding the lessor's ownership rights.

The tenant, as soon as there is any intention to create any property or transfer of his trading fund, properly communicate the landlord's ownership right to the transferee or pledgee as soon as possible.

In the event of transfer of the trading fund or the creation of any property, the renter will also exclude the vehicle from the transfer or the property.

9. Theft

As soon as a theft has been detected, the tenant must report this to the police in the place where the theft occurred and the landlord must be informed without delay. The keys to the stolen vehicle must also be handed over to the rental company.

10. accidents

In the event of accidents, including fire, glass damage, animal collisions, vandalism, or damage due to natural disasters, the tenant must do the following:

1) Inform the landlord immediately.
2) If possible, collect witness statements.
3) Provide the landlord with a detailed written report of the accident within 48 hours, prepare an accident report (European accident form) and hand over a copy of it to the landlord, as well as any information relevant to the legal handling of the incident (e.g. involvement of experts or doctors, names of injured people, names of witnesses). The owner's email address: info@xwiftrental.be
4) If necessary, report the incident to the police.

If the renter does not comply with the above points, the lessor and/or the insurance company have the right to recover the damage to the vehicle and third parties in full from the renter.

The tenant undertakes to cooperate with the landlord or the landlord's insurers in the event of an investigation or legal process. If the vehicle is impounded or otherwise taxed at the expense of the renter or driver, the renter must inform the lessor immediately.

11. track & trace

The vehicles may be equipped with a Track & Trace system that allows the rental company to find out the vehicle's location. The renter agrees that the lessor may, without prior notice, locate the vehicle in the event of detection of an accident, suspicion of abuse, abnormal use, or delayed return. If the renter is not the driver himself, the renter is obliged to inform the driver (s) of the vehicle about the Track & Trace system. If necessary, the rental company can choose to pick up the vehicle or have it picked up. The associated costs are borne by the tenant.

12. fines & parking fees (see also rental price & deposit)

Fines (including GAS fines) and parking charges that are related to or arise from incidents during the rental period due to breaching the national and international highway code are always borne by the tenant. The landlord reserves the right to charge administrative costs for dealing with the offences (forwarding information and informing the verbalizing authority about the driver's identity). These costs are 25 euro per offence. If the landlord receives reminders due to non-payment and has to go through the procedure again, the amount will be increased to 50 euro. If the landlord is forced to pay the penalty or parking fee because the tenant fails to do so, the tenant must reimburse these costs.

Fines and parking charges can be deducted from the deposit.

13. international travel and traffic

The rented vehicles may only go abroad after prior notification to the rental company. For traveling abroad, the renter must include the option “roadside assistance abroad”. The use of the vehicles is limited to the countries listed on the insurance document. If the renter breaks this rule, he/she is liable for any damage to the vehicle or theft of the vehicle. The tenant is responsible for personally bearing all costs and charges that arise from this.

Under no circumstances may the coverage area of the insurance certificate be exceeded.

14. Address given

The landlord establishes the address, as specified in the rental agreement, as his official address for this agreement. In the event that the tenant is an individual, the address at which he is registered in the population register is considered to be his official address. When the tenant is a legal entity, the address of the main office is used as the official address.

15. Transfer and sublease

The renter undertakes not to sublease or transfer the vehicle, nor to hand over the vehicle free of charge or for a fee, nor to hand over the vehicle, whether or not free of charge, or pledge or deposit it, or dispose of it in any other way.

Should the lessor give the renter explicit and prior permission to sublease, the Renter will only do this by concluding an agreement whereby this subtenant denies himself the right, if necessary in explicit derogation from the general terms and conditions or order form of one of these two parties, to sublease the vehicle again or to transfer the rights arising from this agreement, without the express permission of the landlord. In the event of subletting, the tenant remains fully liable in accordance with this agreement. This liability is solidary and indivisible and concerns both his own obligations and those of the transferee.

16. validity and jurisdiction

This agreement falls under the jurisdiction of Belgian law. If a dispute arises that cannot be resolved by mutual agreement and requires judicial intervention, the party filing the claim has the option to bring the matter in the court of the address where the defendant lives or is located, or in the court of the location where the rental agreement originated or is being executed.

17. replacement and vehicle immobilization

If, for any reason, the vehicle becomes unusable during the rental period, the rental company undertakes to replace the vehicle with a comparable vehicle as soon as reasonably possible. If the replacement vehicle is in a lower price range, the difference in costs will be refunded to the renter. Alternatively, the landlord and tenant can jointly agree to terminate the lease at that time.

In the event that the vehicle cannot be used due to necessary repairs or technical problems, the rental company is not liable for any consequential damage such as delays, damage to goods, or staff inactivity. For each day that the vehicle is unavailable due to technical problems or repairs, a proportional part of the total rental price will be deducted, unless a replacement vehicle has been made available to the renter.

18. Dissolution

The rental contract can be terminated by the landlord by operation of law at the expense of the tenant and without notice of default in the following cases:

— In the event of partial or total failure to make any of the payments due or, more generally, non-performance of any of the terms of this rental contract, without prejudice to the Owner's right to require the Tenant to fulfil his obligations and/or pay compensation. In this case, and either the Landlord expressly waives it, no offer of payment or an offer of perfect subsequent execution of the terms and conditions will serve as a justification for the tenant whose termination will remain considered a fait fait fait.

— In the event of a merger, dissolution, liquidation of the renting company by law, court decision or will of partners, total or partial cessation of the trading Tenant, petition seeking a delay in payment or a court agreement or amicable agreement, bankruptcy, amicable settlement between the Tenant and his creditors, cessation of payment, apparent incapacity of the tenant, death of the tenant, amicable waiver or judicial dissolution, reduction of securities and guarantees given to the Landlord, termination of the tenant's professional activity, drafting a letter of protest at the expense of the tenant or seizure of his goods.

19. rental price and deposit

The rental amount and the deposit, as specified in the rental agreement, must be paid at the latest upon receipt of the keys. In the case of a rental period longer than one month, the tenant must pay the deposit, as stated in the special rental conditions, plus the rent for the first month when signing the rental agreement. The deposit will be returned to the renter, without interest, upon the correct return of the vehicle, no later than six weeks after the end of the rental agreement.

The deposit is 500 euro per vehicle.

The rental amount is set out in the rental agreement. The rental price includes: civil liability insurance (BA - excluding deductible), personal property damage coverage (excluding deductible), maintenance costs, vehicle tax and any additional options specified in the special rental conditions.

If the tenant has not paid the full rental amount by the end of the rental period, the remaining amount will be deducted from the deposit paid by the tenant.

All vehicles are subject to a mileage limit per rental period. The weekly price includes 1000 kilometers, unless otherwise stated. The monthly price includes 4000 kilometers, unless otherwise stated. Extra kilometers are reimbursed at a rate of 0.20 cents including VAT per kilometre.Not included in the rental price and therefore borne by the renter are: environmental surcharges (costs such as ad-blue, waste disposal, etc.), fines and levies, fees, court and attorney fees, and other costs charged to the lessor in his capacity as vehicle owner that were incurred during or related to the rental period and are not the result of an error by the landlord or an identified third party.

Fuel is not included in the rental price and is borne by the renter. The vehicles are always delivered fully refueled and must be returned fully refueled. If this is not the case, the fuel will be charged at market rates.

If Xwift BV drivers must be engaged to deliver or pick up rental vehicles on location, these costs will be charged at a rate of 30 euros including VAT per started half hour.

The vehicle must always be submitted properly. If this is not the case, a cleaning fee will be charged at a rate of 30 euros including VAT per started half hour. Smoking inside the vehicle is strictly prohibited. If you do smoke in the vehicle, a fee of 250 euro including VAT will be charged.

20. billing - payment - non-fulfillment of the agreement

For rental periods of up to one month, the rent must be paid when signing the rental agreement, or at the latest when handing over the vehicle keys.

For rental periods longer than one month, the rent is invoiced monthly and must be paid prior to the relevant period.

All other amounts or fees due by the tenant will be invoiced as soon as the obligation arises.

No amounts will be deducted from the deposit unless the landlord has informed the tenant of his intention to do so and the reason for doing so and the tenant has not motivated his disagreement within three (3) days.

All invoices must be paid strictly within the payment period. In case of late payment of an invoice, the tenant automatically and without prior notice owes default interest of 8% per annum, calculated from the due date of the invoice. In addition to the default interest, in case of late payment, the tenant automatically and without prior notice owes a fixed compensation of 10% of the unpaid amount for extrajudicial collection costs (with a minimum of 125 euros and a maximum of 250,000 euros), without prejudice to the landlord's right to claim compensation for judicial collection costs. Only the courts of Ghent are competent.

If the landlord fails to fulfil one of his essential obligations under the rental agreement, the tenant is entitled to compensation from the landlord. If the landlord has to pay an amount to the tenant and does not do so in time, the tenant is entitled to a default interest of 0.5% for each month of delay that commences. If the rental company delivers a vehicle late or does not deliver, the renter is entitled to a daily lump-sum compensation of 10% of the originally agreed daily rental, with a minimum of 125 euros.

21. returning the vehicle

Unless a written and explicit deviation has been agreed, the renter is obliged to return the rented vehicle to the rental company's location where it was originally collected. If the renter chooses to leave the vehicle at a different location, causing the lessor to incur costs to retrieve the vehicle (or have it retrieved), the lessor has the right to charge the renter for the related costs at the rate stated on the rental company's website. If the renter does not return the vehicle after the end of the rental period, he/she may face civil and criminal consequences.

The renter must ensure that the vehicle is returned in the same condition in which it was received. If an immediate inspection of the vehicle is not possible due to circumstances (e.g. due to weather conditions or because the vehicle is not clean), the rental company reserves the right to carry out the inspection at a later time.

Vehicles that are returned outside regular opening hours are only considered returned after inspection by the rental company.

In the event of hidden damage discovered during the inspection, the landlord will inform the tenant no later than 24 hours after discovery.

22. personal data management

Xwift BV processes personal data with regard to vehicle tenants (and possibly drivers) such as identification information (full name, first names, date of birth, home address, copy of ID, copy of driver's license), contact information (phone number, email address), information regarding the use of the rented vehicle (kilometers driven, damage, accidents, breakdowns, fines and fees, etc.), and billing and payment details. Xwift BV hereby acts as responsible for data processing. This data is processed for the following purposes:

1) Fulfilling the rental agreement with the tenant;
2) Administratively managing and maintaining the relationship with the tenant.

Xwift BV does not share customers' data with third parties, except with service providers involved in executing the rental agreement and who need specific personal data (for example, sharing a driver's contact details with a roadside assistance service when a vehicle needs to be picked up, or sharing data with an insurance company in the event of an accident or damage to a rented vehicle).

In cases that are laid down by law, Xwift BV will provide personal data at the request of government agencies. As a legal person/license plate holder, for example, Xwift BV is obliged to inform the police about the identity of the driver of a vehicle at the time of an offence.

Any renter who has the rented vehicle driven by third parties must inform this driver (s) about the presence of a Track & Trace system in the vehicle, and that personal data relating to the driver (s) is processed by Xwift BV on the basis of the rental agreement.

Xwift BV stores the personal data for a maximum period of 10 years, counting from the date on which the relevant rental agreement was terminated, in order to comply with its legal and tax obligations.

As a tenant or director, being a natural person, you have the right to request access to the personal data that Xwift BV holds about you. If you want to update or correct your personal information (e.g., if it is no longer current or relevant), please contact us by sending an email to info@xwiftrental.be.

You may also have the right to restrict the processing of your personal data. In addition, you can request that the transfer of your personal data to a third party be stopped and, under certain circumstances, you can have your personal data transferred to another organization. If you are dissatisfied with how Xwift BV processes your personal data, you also have the right to file a complaint with the Data Protection Authority. You can contact them at the following address: Drukpersstraat 35, 1000 Brussels. Their phone number is +32 (0) 2 274 48 00, fax number is +32 (0) 2 274 48 35, and their email address is contact@apd-gba.be.

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