GP RENTING b.v. GENERAL TERMS AND CONDITIONS OF RENTAL

Article 1. Scope of Application

These general terms and conditions apply to every lease agreement entered into with GP RENTING bv.

The lease agreement and these general terms and conditions constitute a single document. In the event of any conflict, the lease agreement shall prevail.

Article 2. Purpose

The rental pertains to a horse trailer intended for the transport of horses, as described in the rental agreement.  This vehicle is in the >3.5-metric-ton class and can be driven with a Class C driver's license. 

For travel outside the EU, any use of the vehicle is prohibited.

In the event of force majeure, if the rented vehicle is unavailable, the lessor has the right to provide the lessee with an equivalent replacement vehicle. Under no circumstances is the lessor liable to pay compensation to the lessee.

It is prohibited to use the vehicle for illegal purposes.

If the vehicle is impounded as a result of violations committed by the renter, the rental company has the right to terminate the rental agreement immediately and without compensation. The renter will owe the rental company compensation equal to three times the daily rate for as long as the renter is unable to use the vehicle.

Any criminal and/or administrative fines and parking fees are always and exclusively the responsibility of the renter.  Regardless of the circumstances, the renter is responsible for all fines resulting from failure to comply with traffic regulations. The renter is also liable for the payment of parking fees resulting from failure to provide a parking meter or use a parking meter. If the renter fails to pay the fines to the appropriate authority on time, an administrative fee of €50.00 will be charged.

Article 3. Identification of the Renter and the Driver

Upon pickup, the renter must provide valid identification and a European Class C driver's license.  If the renter is not the driver of the vehicle, both the renter and the driver must be present in person and provide identification upon pickup. Neither the renter nor the driver may be prohibited from driving.

The landlord reserves the right to claim compensation for any damage caused by the tenant's negligence or by a violation of the foregoing provisions.

A copy of the rental agreement must be kept in the vehicle at all times.

Article 4. Term of the Lease

The lease term is specified in the lease agreement.  The vehicle is available during the specified period.

Additional days will be charged at €400.00 per day or portion thereof. 

Article 5. Use

The renter agrees to use the vehicle with due care and diligence and exclusively for the transport of horses.

The renter must use the vehicle properly, protect it from overloading, and ensure its normal use and maintenance during the rental period. It is prohibited to use the vehicle to push or pull another vehicle, participate in races, or overload the vehicle.

The vehicle may not be used for paid passenger transport.

The renter will check the tire pressure, water level, and oil level and top them off as needed.

In the event of defects or problems, the renter must immediately notify the landlord and follow the landlord’s instructions.   The tenant may not perform any repairs without the landlord's permission. 

Smoking is prohibited in the vehicle.

Pets are not allowed in the vehicle.

If the vehicle is equipped with a tachograph, the renter agrees to use this device in strict compliance with applicable Belgian and European legislation (including Regulation (EU) No. 165/2014). The Renter is solely responsible for determining whether the intended use of the vehicle (whether for professional or non-professional purposes) requires the use of a tachograph and/or a driver card by law. To that end, when reserving the vehicle, the Renter shall notify the Rental Company of the intended use and provide an explanation thereof.

The Lessee is responsible for the proper and lawful use of the tachograph throughout the entire rental period. This includes, but is not limited to, correctly inserting the driver card, recording driving and rest periods, and providing the required data upon first request by the competent authorities. The Renter is strictly prohibited from tampering with, damaging, or disabling the tachograph or its seal.

All fines, administrative penalties, court costs, or other fees resulting from noncompliance with the laws governing driving and rest periods, failure to use or incorrect use of the tachograph, or driving without a valid driver card during the rental period, shall be borne in full and exclusively by the renter.

The lessee fully indemnifies the lessor against any claims by third parties or government agencies, as well as against any damages suffered by the lessor (including any administrative or criminal fines imposed on the lessor as the registered owner of the vehicle) resulting from a violation of this section by the lessee or the driver(s) designated by the lessee.

Article 6. Prohibition on Subletting

Unless the landlord gives written permission, the tenant is prohibited from subletting or lending the rented property, or making it available to third parties under any other terms.

Article 7. Fuel Consumption

Fuel costs are the responsibility of the renter.

The rental company provides a full tank of fuel upon pickup. The renter must refill the tank completely upon return. If the vehicle is not returned with a full tank of fuel, additional charges based on fuel consumption will be applied.

Article 8. Insurance

The vehicle is insured through the insurance broker Q&O Horse Insurance, located at Westerlaan 1, 8790 Waregem (www.qeno.be).

The vehicle is insured as standard for:

• Mandatory Civil Liability Insurance
• independent legal aid
• comprehensive auto insurance

There is unlimited coverage for towing and recovery after an accident, provided the renter uses Renault Assistance (24/7). If local authorities determine who will tow the vehicle, it is advisable to have the vehicle towed to the nearest exit and then have Renault Assistance take over. In all other cases, the rental company will charge the renter for the costs.

In the event of a vehicle breakdown, the renter must contact the rental company.

Article 9. Payment

The rental amount, including the security deposit, must be paid in cash upon pickup or transferred in advance to account number BE08 7330 6254 3913.  All prices are exclusive of 21% VAT.

An advance payment equal to 30% of the rental amount must be paid to confirm the reservation; the reservation will take effect only upon receipt of the advance payment.

Any additional mileage or charges will be calculated and paid by the renter upon return of the vehicle.

If the tenant cancels the rental, the following contractual damages will be charged:

– Up to 30 days before the pickup date = the required deposit;

– Between 30 days and 14 days before the pickup date = 35% of the rental fee

– Between 14 days and 1 day before the pickup date = 50% of the rental amount;

– On the pickup date (or later) = 100% of the rental amount.

Similarly, the tenant is entitled to equivalent compensation if the landlord unilaterally cancels a reservation without just cause.

Article 10. Guarantee

The security deposit of €2,500.00 must be paid in advance at the time of reservation to account number BE08 7330 6254 3913.

The security deposit serves as a guarantee against damage, loss, or breach of the agreement. After the vehicle has been returned and inspected, and provided no damage is found, the security deposit will be refunded to the renter’s bank account within 7 days.

Article 11. Refunds

The renter is required to return the vehicle to the rental company's address on the agreed-upon date.  In the event of a late return without prior authorization, the renter shall be liable by operation of law to pay compensation equal to at least three (3) times the stipulated  daily rate per additional day, without prejudice to the lessor’s right to claim additional damages. 

Similarly, the renter is entitled to equivalent compensation if the lessor fails to make the vehicle available to the renter on time.

If the vehicle is not returned, the rental company has the right to retrieve it itself, in which case all costs will be borne by the renter.

The renter acknowledges that he will never become the owner of the vehicle, unless expressly agreed otherwise between the lessor and the renter. The renter acquires no right, title, or interest in the vehicle.

When the vehicle is returned, any charges for excess mileage will be calculated.

Article 12. Cleaning, Damage, Loss, and Theft

The vehicle must be returned in clean and original condition.  A flat fee of €350.00 will be charged for cleaning the vehicle.

The renter is fully liable for all damage, loss, and theft.  In the event of theft or loss of the vehicle, the renter must immediately report the incident to the police and the insurance company. If the vehicle is involved in a traffic accident, the renter must also immediately report the incident to the police and the insurance company.

In the event of a break-in and/or vandalism to the vehicle, the renter is required to follow the mandatory procedure below:

• file a complaint with the police;
• immediately notify the landlord and send him the original copy of the complaint (the report number) no later than the next business day, along with a detailed explanation;
• Make the vehicle available as soon as possible so that any damage caused can be repaired.

In the event of an accident, the renter must ensure that the lessor is notified within 12 hours.

In the event of an accident, the renter is required to follow the following procedure:

• Fill out an accident report form immediately. If the other party refuses, notify the police. If the other party cannot be identified, a one-sided accident report must be filed with the police;
• notify the landlord immediately;
• Submit the original copy of the police report or accident report form to the rental company no later than the next business day following the accident. The rental company will forward this to the insurance company;
• Upon first request, return the vehicle to the rental company.

The renter must ensure that the European Accident Report Form is filled out completely and clearly. The renter must avoid including any standard phrases such as: ”I am at fault” and, more generally, any admission of liability, since only the insurance company is in a position to assess the reality of such liability. All correspondence regarding the accident must be forwarded immediately to the rental company.

If any damage is found upon return, the rental company will document it.  This inspection may be subject to certain conditions. An excess of €2,500.00 applies to any damage to the vehicle itself. An excess of €250.00 applies to damage to third parties. This amount must be paid by the renter immediately upon returning the vehicle. The rental company reserves the right to identify and charge for any additional damage within 14 days of the vehicle’s return.

The landlord has the right to perform repairs immediately or have them performed and to charge the full cost to the tenant.

The security deposit is considered an advance payment under all circumstances.  If the cleaning or repair costs, or the value of the item in the event of loss or theft, exceed the security deposit, the tenant will be billed for the difference.  All invoices are due within 8 days of issuance.  In the event of late payment, contractual interest of 10 % on the principal amount and contractual damages of 10 %, with a minimum of €50.00, shall be due by operation of law and without prior notice of default.

Article 13.  Liability

All risks associated with the use of the vehicle are the sole responsibility of the renter.

Under no circumstances shall the lessor be liable for accidents, damage, or consequences resulting from the use of the vehicle.   The tenant is also liable for any damage caused to third parties during the rental period and indemnifies the landlord against any and all claims.

Article 14. Force Majeure

In the event of force majeure (such as theft, car trouble, a breakdown, or total loss of the vehicle prior to pickup, etc.), the lessor cannot be held liable for failure to perform the agreement.  However, any amounts already paid will be refunded in full.

Article 15. Jurisdiction Clause

In the event of a dispute regarding the performance of this lease agreement, the courts of the judicial district of Antwerp, Mechelen division, shall have exclusive jurisdiction.