Terms & Conditions
General Terms and Conditions
Article 1 Applicability
1. These general terms and conditions apply to all our quotations, orders, offers and all agreements.
2. These general terms and conditions also apply to additional assignments and follow-up assignments from eventual Lessees.
Article 2 Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Lessor: The private company with limited liability Coquelicot Cars B.V., with its registered office in Almere.
2. Lessee/Hirer Any person who enters into, or wishes to enter into, an agreement with Coquelicot Cars B.V. with regard to the lease of a vehicle.
3. Driver: any person who is listed in the agreement as a driver and is therefore allowed to drive the vehicle during the rental period, just like the Lessee.
4. Vehicle: the car which the Rental Company rents out to the Lessee, in accordance with the agreement.
5. Agreement: The agreement between the Lessor and the Lessee for the rental of movable property, comprising the rental of a vehicle from the Lessor, as per agreement including the driver.
6. Third parties: Any person who has not entered into an agreement with the Lessor.
7. Reservation: The booking of a specified vehicle from the Lessor for a specified rental period within a specified time frame at a specified price, effected by means of an offer and acceptance between the Lessee and the Lessor.
8. Confirmation of the reservation: The written or electronic confirmation of the reservation by the Lessor as referred to in the previous paragraph.
9. Other costs: all costs in addition to the basic price, as determined in the offer.
Article 3 Content and formation of the agreement
1. Offers made by the Lessor are without obligation and valid for the period indicated in the offer. If no term is indicated, the quotation is valid for 14 days after the date on which it was issued.
2. Quotations are based on the information available to Lessor.
3. If it turns out that the information provided by the Lessee was incorrect and/or incomplete, the Lessor reserves the right to adjust the prices accordingly.
4. The agreement will be concluded by acceptance of the offer by the Lessee. Acceptance will preferably and where possible be by written or electronic means. In the event of electronic acceptance by the Lessee, the Lessor will confirm receipt of the offer to the Lessee by electronic means. If the Lessee accepts the offer orally, the Lessor will preferably confirm the assignment in writing or electronically.
5. The Lessor's order confirmation will be binding as regards the scope and nature of the agreement.
6. The agreement shall exclusively comprise the rental of a movable object, being a vehicle belonging to the Letter, as well as the related services and goods, as specified in the agreement.
7. A reservation, as referred to in Article 2, paragraph 6, shall only be valid if made at least 72 hours before the start of the rental period.
Article 4 Obligations of the Lessor
1. The lessor is obliged to make the hired room available during the rental period as specified in the agreement.
2. The Lessor shall be obliged to make the Subjects available in good condition, namely clean and sufficiently maintained.
3. The good condition of the rented property is recorded in the official report, which must be signed by the Lessee when the rented property is made available.
4. The Lessor is obliged to make the Subjects available with a full fuel tank at the start of the rental period, unless expressly agreed otherwise.
5. If the rented object cannot be made available to the Hirer by the Lessor during the rental period as a result of an event that can be attributed to the Hirer on account of intent or gross negligence, the Lessor will be released from its obligation as referred to in this Article.
Article 5 Lessee's obligations
1. The Lessee will be obliged to have a valid driver's license and to make it available to the Lessor for copying.
2. Lessee is obliged to behave as a good Lessee and to use the rented property only according to the agreed use, as included in the agreement.
3. The Lessee shall be obliged to observe the traffic rules as laid down in the Road Traffic Act 1994.
4. The Lessee is obliged to report any damage and/or defects to the Lessor immediately.
5. The Lessee must follow the instructions of the Lessor, or an instructor designated by the Lessor.
6. The Lessee must inspect the Subjects at the start of the rental period and accept the condition of the Subjects by signing the official report.
7. Only persons named as Hirer in the agreement may drive the vehicle, unless agreed otherwise in writing. In that event, the Lessee shall ensure that such driver(s) has (have) the competence and the physical and mental capacity required for driving the vehicle. The Lessee is not permitted to place the Vehicle at the disposal of a person who is not listed as Lessee or Driver on the front of the agreement.
8. The Lessee may not sublet the vehicle or give it in use to another party without the written consent of the Letter.
9. If the Lessee allows a third party to drive the vehicle, regardless of whether the Letter has given its approval, the Lessee shall be liable for the conduct of the third party and for any damage that may arise as a result. Whether the Lessee was aware that a third party was driving the vehicle or whether the Lessee did not give the third party permission shall not affect the liability referred to in this paragraph.
10. If the vehicle becomes out of the Lessee's control, for example due to theft or confiscation, the Lessee must notify the Letter immediately.
11. The Hirer may not take the vehicle outside the national borders of the Netherlands, unless agreed otherwise in writing. 12.
12. The Lessee must fill up with the fuel that is suitable for the vehicle.
13. In the event of damage or defects to the vehicle, the Hirer shall not be permitted to use the vehicle if this could exacerbate the damage or defects or reduce road safety.
Article 6 Price
1. The price for the rental consists of a basic price.
2. In addition to the basic price, the Lessor shall also charge other costs, unless the Lessor expressly waives this.
3. In addition to the price referred to in paragraphs 1 and 2, a deposit may also be agreed.
Article 7 Traffic offences
1. If the Lessor finds that the Lessee has committed traffic violations with the Subjects within the rental period and this involves a fine imposed by the CJIB or the police, this fine will be entirely at the Lessee's expense.
2. If the rented object is seized by the CJIB or the police for committing one or more traffic violations, the Lessee will be liable for any damage suffered by the Lessor as a result, including lost income, for as long as the seizure lasts.
Article 8 Payment, suspension, setoff
1. Payment of the basic price must be made prior to the agreed rental period.
2. Payment of the deposit as referred to in article 6, section 3, must be made prior to the rental period by means of a PIN payment.
3. Payment of the other costs must be made immediately on return of the rented object.
4. The deposit, less the costs of any damage occurring during the rental period, will be transferred by the Lessor upon return of the Subjects to the bank account number indicated by the Lessee. This transfer will take place on the day of return.
Article 9 Notice of termination and dissolution of the agreement
1. If the Lessee terminates the agreement without any culpable failure on the part of the Lessor, or if the Lessor terminates the agreement on account of an attributable failure on the part of the Lessee to perform the agreement, the Lessee will owe damages in addition to the basic price and the costs incurred in relation to the work performed until that date. Any conduct by the Lessee on the basis of which the Lessor can no longer reasonably be required to complete the assignment will also be regarded as an attributable failure for this purpose.
2. The damages referred to in the preceding paragraph shall at least include the costs arising from obligations entered into by the Lessor in its own name with third parties for the performance of the assignment, as well as at least 20% of the remaining part of the basic price that the Lessee would owe if the assignment were fully completed.
3. Both the Lessor and the Lessee will have the right to dissolve the agreement immediately, in whole or in part, and all amounts owed will become immediately due and payable, if a petition for bankruptcy, (provisional) suspension of payments, or debt restructuring is filed with respect to the other party.
4. The Lessor shall have the right to terminate the agreement with immediate effect if the Lessor discovers that the Lessee is guilty of reckless driving, serious traffic offences or driving under the influence of alcohol.
5. The Lessor will establish that the provisions of the previous paragraph have been complied with by establishing the facts, by obtaining evidence from third parties, or by the police or enforcement officials. A fine imposed by the CJIB, the police or enforcement officials will also be regarded as a detection.
Article 10 Returning the vehicle
1. The vehicle must be returned on the agreed date, at the agreed time and at the agreed place.
2. The fuel tank of the rented vehicle must be full when it is returned, unless expressly agreed otherwise.
3. If the obligation in the previous paragraph is not met, the costs of refuelling the vehicle shall be deducted from the deposit.
Article 11 Condition and inspection of vehicle upon return
1. When the rented vehicle is returned, the Lessor or a third party designated by the Lessor shall inspect it.
2. The Hirer shall be obliged to return the vehicle clean. Failure to comply with this obligation may result in the cleaning costs being charged on.
3. After this inspection, a report shall be drawn up of any observations not yet present according to the official report when the vehicle was handed over. This must be signed for approval by the Lessee.
4. If Lessee does not wish to be present at the inspection, the inspection shall be made in his absence and Lessee hereby accepts the inspection, as well as the inspection report drawn up.
5. If Lessee does not agree to the inspection report, Lessor reserves the right to recover any damage found from Lessee, unless Lessee can prove that the damage was already present at the time it was made available.
6. If damage is not attributable to the Lessee, the Lessee's liability to the Lessor for the damage will remain unaffected. The Lessee must recover the costs of the damage from the third party actually liable.
Article 12 Force majeure
1. For the purposes of these terms and conditions, force majeure means all external causes, foreseen or unforeseen, over which the Lessor cannot exercise any control, but as a result of which the Lessor is unable to perform the obligation entered into.
2. During a period of force majeure, the Lessor's obligations will be suspended. If this period lasts longer than 6 months, both parties will be entitled to dissolve the agreement without any obligation to pay damages.
3. If the Lessor has already partially fulfilled the agreed obligations when the situation of force majeure arises or can only partially fulfil those obligations, the Lessor will be entitled to separately invoice the part that has already been performed or the part that can be performed and the Lessee will be obliged to pay that invoice as if it were a separate agreement.
Article 13 Liability
1. Without prejudice to its liability pursuant to the law and what has been agreed between the parties, the Lessor will not be liable for any damage that is the result of causes of which the Lessee was not aware or should have been aware.
2. The Lessee has a duty to take all measures within reasonable limits that could have prevented or limited any loss.
3. The Hirer shall indemnify the Lessor against third-party claims against the Lessor if the Lessor causes damage because the Hirer or third parties designated by the Hirer for this purpose have provided insufficient or incomplete information which, if the Lessor had been aware of this information, could have prevented or limited the damage.
4. The Lessor shall not be liable if the damage is due to intentional act or omission, culpable action, or improper or incorrect use by or on behalf of the Lessee.
5. The lessor shall never be liable for indirect damage, such as, but not limited to, consequential damage, loss of profit, missed savings and reduced goodwill.
6. Any liability of the Lessor, its employees and any third parties engaged by the Lessor shall be limited to the amount paid out in the relevant case under the Lessor's liability insurance policy, including the excess to be borne by the Lessor.
7. The Lessee will be liable to the Lessor for any damage caused by a failure attributable to the Lessee.
8. If the Lessee transports valuable items or leaves them behind in the vehicle, the Lessee will be liable for any damage as a result of theft or damage.
9. If the Hirer, being a legal entity, is liable pursuant to the agreement or general terms and conditions, then, in addition to the legal entity, the natural person who enters into the agreement on behalf of the legal entity is also jointly and severally liable.
10. If there is more than one Hirer, or one Hirer with Driver(s), within the agreement, they are all jointly and severally liable for that stated in the agreement, or for that stated in the General Conditions.
Article 14 Applicable law
1. Any offer or agreement between the Lessor and the Lessee will be governed exclusively by Dutch law.
2. Disputes between the Lessor and the Lessee will be settled by the competent court in the Lessor's district.
Article 15 Other
1. The Lessor will have the right to amend these General Terms and Conditions unilaterally. Amendments will take effect immediately. Amendments shall also apply to agreements already concluded.
2. If any provision of the agreement or General Terms and Conditions proves to be invalid, this will not affect the validity of the entire agreement or General Terms and Conditions.
Almere, July 2021.