General terms

General terms Business Shortlease – Drive Shortlease

Definitions

Vehicle means the vehicle that (including all accessories and attachments) is the subject of the rental agreement.
Tenant: the natural person (acting in the exercise of a profession or business), legal person or partnership who enters into the lease as tenant.
Lessor: Drive Shortlease, the lessor who enters into the lease with Lessee.
Damage incurred by the lessor: all property damage incurred by the lessor directly or indirectly as a result of damage (other than normal wear and tear), loss or theft of the vehicle (including accessories) or as a result of damage caused with or by the vehicle to persons or property for which the lessor (or its insurer) is liable. This includes replacement costs, loss of rental income and search costs in the event of loss.
Damage: any change to the vehicle or parts thereof that does not result from normal wear and tear and which diminishes the value or usefulness of the vehicle. This includes scratches, dents, cracks, broken lights, damage to the tires or interior, as well as damage caused by collision or misuse.
Driver: the person who actually drives the vehicle.
Overhead damage: damage to the vehicle or Lessor’s property caused by the vehicle or parts attached to it hitting a height above 1.90 meters (e.g. collision with an overpass or overhead object).
Signing out: delivering or leaving the vehicle at a location other than the lessor’s where the lessee notifies the lessor when and where the vehicle can be picked up.
Written: in writing (by letter) or electronically (by e-mail or message through a designated system).

Article 1 – Rental period, duration of the contract and termination

The short lease rental agreement is entered into for the period stated in the rental agreement and at the agreed rate. If a fixed end date has been agreed upon, the rental agreement ends by operation of law on that date, provided the vehicle has been returned at that time in accordance with the arrangements.
If no fixed end date is agreed upon, the agreement is considered to be entered into for an indefinite period of time with a minimum term as stated in the rental agreement. During this minimum term, the tenant cannot terminate the agreement prematurely. If no minimum term is stipulated in writing, a minimum rental period of 30 days applies.
After the expiration of the minimum term, the lease may be terminated by either tenant or landlord, subject to 30 days’ notice. Notice of termination must be given in writing. The rental agreement ends on the date the notice period expires, provided the vehicle is returned no later than that day.
If the renter returns the vehicle earlier than the end date or without observing the notice period, the rental price shall remain payable up to and including the last day of the applicable notice period. If the renter fails to give notice and no longer retains possession of the vehicle, the date of return shall be considered the date of notice; from that time, the 30-day notice period shall commence, during which time the renter shall remain liable for the rental price.

Article 2 – Exceeding the rental period (late return)

The renter is obliged to return the vehicle to the agreed location no later than the day and time when the rental agreement ends (for example, the last day of the notice period or the agreed end date).
If the renter does not return the vehicle in a timely manner (i.e., after the expiration of the rental period), any cancellation or termination shall be void and the rental agreement shall continue by operation of law. In that case, another 30-day notice period will apply from the time the renter still gives written notice and returns the vehicle. The renter will remain liable for all costs and damages resulting from the excess, and the rental fee will remain payable for the period the renter retains the vehicle for an extended period.
The lessor reserves the right to take back the vehicle immediately if the rental period is exceeded. All obligations of the renter under the rental agreement remain in full force and effect until the vehicle is actually recovered by the rental company.

Article 3 – Delivery of the vehicle by lessor

Lessor shall ensure delivery of the vehicle on the agreed date and location, in the agreed version and condition. Upon delivery on location, the renter signs for receipt of the vehicle and its condition. The vehicle is equipped with the legally required equipment for use in the Netherlands. (Note: for use abroad, the renter must provide any additional mandatory equipment, such as winter tires, toll vignettes, environmental stickers, etc., unless otherwise agreed).
The rental period commences when the vehicle is made available to the renter. If the rental period begins very shortly after the lessor’s opening or pick-up time, the lessor may, by mutual agreement, deliver the vehicle a few hours prior to the start of the rental period; however, the rental price is only due from the official start date and time of the rental period as stated in the agreement.
Lessor will only hand over the vehicle to the renter (or authorized driver) personally. The key will not be left unattended (e.g., not in a mailbox or unsecured location).
If no one is present or available to sign for receipt upon delivery, the renter must still notify the rental company in writing of any comments about the condition of the vehicle within two hours of delivery. In the absence of timely notification, the renter shall be deemed to have received the vehicle in good condition in accordance with the copy delivered.

Article 4 – Return of vehicle by renter

Renter shall return the vehicle on the date, time and place as stated in the rental agreement (or as further agreed upon in writing upon cancellation), or as agreed upon , for pickup.
When returning to a location other than that of the lessor, the lessee must ensure that the vehicle is available and accessible to the lessor no later than the agreed upon time. If the renter drops the vehicle off at a remote location, the vehicle must remain present and accessible to the rental company for pick-up at least one hour after the time of drop-off. If the renter fails to do so, the rental company may extend the rental period until the next business day on which the vehicle is available, at the renter’s expense.
Renter remains responsible for returning or signing out the vehicle in a timely and correct manner. The rental period does not end until the vehicle is actually returned or properly signed out and accepted by Lessor. Retroactive cancellation is not possible. However, the renter is permitted to cancel the vehicle in advance (for a future date) or announce the termination in advance, provided the notice period is observed.
If the renter or the driver is not present at the actual collection/inspection time by the rental company (e.g., upon collection after cancellation), the renter accepts the rental company’s observations regarding any new damage or abnormalities to the vehicle.

Article 5 – Cancellation of the rental agreement before commencement

After signing the rental agreement, cancellation by the lessee before the start of the rental period is in principle not possible, unless a cancellation arrangement has been agreed upon in writing. In the event of an authorized cancellation, the lessor may charge cancellation costs, for example in the amount of (part of) the agreed first rental period or other costs incurred.

Article 6 – Payment and terms of payment

Prior to delivery of the vehicle, the renter must make the first payment. This first payment includes at least the first rental period (or the rental price for the first period) and any agreed deposit (security deposit). Payment of this first invoice is made by bank transfer. If desired, Landlord can provide Tenant with a digital payment link (e.g. via Tikkie Zakelijk) for this first payment.
Upon entering into the agreement, Tenant grants a SEPA direct debit authorization to Landlord for the monthly collection of the lease installments and any other amounts due. Subsequent lease installments will be collected monthly in advance via direct debit unless otherwise agreed in writing.
If the lease period does not start on the first day of a calendar month, the rent for the remaining days of that month will be charged pro rata in advance. Example: if the lease period starts before the 20th of the month, Tenant will pay the remaining days of that month in advance. If the rental period starts on or after the 21st of the month, then the remaining days of that month plus the entire following month will be billed in advance. The exception is when the total agreed upon rental period is only one month.
The deposit serves as security for payment of excess and any additional costs or damages. Refund of the deposit (or remainder thereof) will take place within 4 weeks of the end of the rental agreement and return of the vehicle, subject to settlement of outstanding amounts. In the event of damage to the vehicle, the deposit will only be returned (in part) once it has been established that the damages do not exceed the amount of the excess.
Unless expressly agreed otherwise, periodic lease payments must be paid in advance and other invoices (for example, for fuel, fines, damages or other costs) must be paid within 14 days of the invoice date. If a direct debit of an amount due is reversed or is not possible, the Lessee is immediately in default for that amount.
If payment is not made on time, Tenant shall be in default by operation of law without further notice of default being required. From the due date, Tenant shall owe statutory commercial interest on the outstanding amount, plus 2% per annum, whereby a part of a month shall be counted as a full month.
In case of default, the lessee shall be obliged to reimburse the lessor for all reasonably incurred (extra)judicial collection costs. The lessor is entitled to charge an administrative fee per payment reminder or reminder (for example, €25 per reminder). If collection measures must be taken, the costs thereof shall be borne in full by the Tenant in accordance with the graduated scale prescribed in the Collection Costs Act (with a minimum of €40).

Article 7 – (Additional) costs and fees.

Additional Services and Contract Fees: Lessor may charge a one-time fee for additional services such as administration/contract fees, roadworthiness fees, or pick-up and drop-off service. These costs will be agreed upon in advance and listed in the rental agreement or rate list.
Usage Charges: All costs associated with the use of the vehicle during the rental period are the responsibility of the renter. This includes fuel, tolls and road vignettes, environmental stickers, parking fees, and any fines or penalties for traffic violations.
Cleaning and Maintenance Fees: Renter must return the vehicle in similar clean condition as in which it was received. Any necessary extra cleaning costs due to excessive soiling or smoke/odor in the interior will be charged to the renter, with a minimum of €25 (excluding VAT). Normal maintenance costs and repairs as a result of regular use shall be borne by the lessor, unless otherwise stipulated in the agreement.
Fuel and Fluids: Lessee shall ensure timely fueling of the correct fuel and maintaining oil, coolant and tire pressure. If upon return, the tank capacity is lower than at the start (unless otherwise agreed upon, e.g. a full-full arrangement), Lessor may charge Lessee for the missing fuel as well as a reasonable service fee (refueling costs).

Article 8 – Obligations of the renter (use of the vehicle)

The renter and any driver(s) must treat the vehicle, ignition key(s), alarm and on-board documents and all accessories with care. The vehicle shall be used only for the purpose for which it is intended and in the proper manner according to the manufacturer’s and lessor’s instructions.
Renter shall not intentionally overload the vehicle and shall ensure proper fusing of any load. Use of special equipment (e.g. refrigeration/freezer units if present) is at the risk of the renter. Landlord shall not be liable for damage due to failure of such equipment unless otherwise agreed.
Only the driver(s) named in the rental agreement – who hold a valid and appropriate driver’s license – may drive the vehicle. Lessee must ensure that each driver meets all specified requirements and is in good physical and mental condition to drive. Any additional drivers must have been notified in advance to Lessor in writing and accepted by Lessor.
The renter is not permitted to rent, lend or otherwise put the vehicle to use to third parties without the express written consent of the rental company.
The renter shall not use the vehicle for activities contrary to the law or the purpose of the vehicle. Among other things, it is prohibited to use the vehicle for giving driving lessons, for participating in races, rallies or other speed trials, for renting to third parties, for transporting persons for payment (cab services) or for transporting heavy or dangerous loads, unless otherwise agreed in writing.
It is not permitted to take persons with the vehicle for payment (such as cab transportation), nor to transport hitchhikers, nor to use the vehicle for the transportation of animals, unless the lessor has given written permission.
Renter must strictly observe applicable traffic rules and laws. Reckless driving, gross traffic violations or careless use of the vehicle are not permitted. This includes but is not limited to: driving very fast under unsafe conditions, handheld cell phone calls or messages while driving, failure to use prescribed seat belts, or other conduct that may endanger road safety.
The renter is obliged to keep the vehicle in good condition and, in case of long-term use, to present it for regular maintenance in a timely manner if prescribed by the rental company or manufacturer. Tenant shall comply with any call by Landlord to present the vehicle for maintenance or inspection. Lessor shall make such calls in a timely manner so that Lessee can reasonably comply.
If during the rental period a warning light comes on or a malfunction occurs, the renter shall immediately take the necessary measures, such as checking oil/water or having the vehicle inspected, and where necessary discontinue use to prevent further damage.
The renter shall at all times adequately lock and secure the vehicle against theft (e.g., by activating all security systems in place and not leaving the key in the vehicle). When parking the vehicle, the renter must, if possible, use secure parking spaces.
Use abroad: The renter is allowed to drive the vehicle outside the Netherlands, provided this falls within the coverage of the insurance policy (as stated on the green card with the vehicle). The renter must comply with any requirements applicable abroad (e.g. environmental stickers or safety equipment) and remains responsible for the vehicle. If certain countries or regions are excluded from coverage on the insurance policy, the vehicle may not be taken there without the prior written consent of Lessor.
In case of any event that causes or may cause damage to the vehicle (such as collision, theft, burglary, vandalism, etc.), the renter is obligated to:
- Immediately contact landlord by phone to report the situation and follow instructions.
- In case of theft, burglary or any criminal offense also report it immediately to the local police.
- Hand over all information and documents obtained as a result of the event (e.g. completed European Claims Form, witness statements, police report) to Lessor as soon as possible, no later than 48 hours.
- Fill out the European Claim Form completely and truthfully and return it signed to Lessor within 48 hours of the incident, including a copy of the driver’s license at the time of the incident.
- Refrain from any declaration of fault or liability to third parties.
- Not to leave the vehicle unattended unless it is necessary and the vehicle is properly left and secured against further damage or theft.
- To cooperate fully with Landlord and its insurers in the settlement of the claim, including providing further information or permitting investigation.

Tenant shall immediately notify Landlord of:

- Failure of the odometer or any tachometer/speed limiter to function properly.
- Any defect in the vehicle that may adversely affect road safety or further use of the vehicle.
- Seizure of the vehicle, or any other third-party action affecting the ownership or use of the vehicle.

Renter shall also impose and enforce the foregoing obligations and restrictions on any driver, passenger or user of the vehicle. Renter shall be responsible and liable for conduct of all persons using or riding in the vehicle as if such conduct were his own.

Article 9 – Liability of the hirer, excesses and insurance

Unless otherwise noted in a jointly prepared damage report at the start of the rental, the renter is deemed to have received the vehicle in undamaged and good condition.
The renter shall be liable during the rental period for all damages to the rental company arising out of or in connection with the use or condition of the vehicle, regardless of by whom or through whom the damage was caused, except as otherwise provided in these terms and conditions.
If the rental agreement includes a deductible per claim, the renter’s liability for damage to the vehicle shall be limited to no more than the amount of this deductible per occurrence. This excess shall apply to each separate damage event.
The limitation of liability by the deductible does not apply if there is willful misconduct, gross negligence or any of the following circumstances:
- The damage was caused or aggravated by an act or omission in violation of the obligations in Article 8 (for example, prohibited use or reckless driving).
- The damage occurred because the vehicle was used on a terrain or surface for which the vehicle is not suitable (e.g., driving off-road where the vehicle is not intended to do so).
- The vehicle has been used or re-rented by the lessee to a third party without the lessor’s permission.
- Tenant failed to report a defect or warning notice in a timely manner or to follow Landlord’s instructions, which aggravated the damage.
- In case of theft or embezzlement: if the renter has failed to provide the rental company with all original keys, alarms and registration papers in a timely manner, or if the renter has otherwise taken insufficient care to secure the vehicle against theft.
- If the damage occurred during or as a result of the transportation of hazardous, explosive, flammable, oxidizing or toxic substances with the vehicle in violation of the applicable regulations.

The vehicle is adequately insured by the lessor (third-party insurance in accordance with legal requirements and hull cover). If the lessor’s insurer under the policy conditions does not cover or recover damages from the lessor due to an act or omission of the lessee (or driver), the lessee shall remain fully liable for all damages and costs resulting therefrom.
Any damage for which the lessee is liable is subject to the agreed excess amount. By default, the excess amount per claim is €500 (excluding VAT), unless a different amount is specified in the rental agreement. Higher excess amounts apply to certain damages:

- Overhead damage (damage above 1.90 m in height): excess up to a maximum of €1,500 per occurrence.
- Damage incurred while reversing or parking: excess up to a maximum of €1,000 per occurrence.
  These amounts apply regardless of the standard excess amount and may be charged if the relevant situation occurs.

If and to the extent that Landlord’s insurer or a third party provides Landlord with a claim payment for damages caused by Tenant, this shall not affect Tenant’s liability. Landlord reserves the right (to the extent permitted) to take recourse against Tenant for damages or costs not covered (such as deductibles or exclusions on the policy).
Landlord may charge Tenant additional costs for claims handling, such as expertise and administration fees. These amounts will be reasonable and in proportion to the costs incurred.

Article 10 – Repair, maintenance and defects

Necessary repairs to the vehicle may be made only by or through Lessor, unless otherwise agreed upon or designated by Lessor. Tenant must always obtain Landlord’s prior approval before having repairs made, except in emergencies where no contact with Landlord is reasonably possible.
In the event of a breakdown or mechanical failure, Lessee will contact Lessor as soon as possible for instructions. Lessor will provide roadside assistance or replacement transportation according to the services included in the short lease, as applicable and unless the breakdown is due to acting in violation of the lease agreement.
If repairs cannot be made immediately, the renter is obliged, at the request of the rental company, to take the vehicle to a repair location designated by the rental company, or to make the vehicle available for collection by the rental company.
The renter remains obligated to pay the rental price during the period the vehicle is held out of service for repair or maintenance, unless otherwise agreed in writing or unless the cause of the repair involves a defect for which the rental company is liable (see Article 11).
Replacement of parts or addition of accessories to the vehicle may only be made with the prior written consent of Lessor. All improvements or additions made to the vehicle shall pass ownership to Lessor, with no claim for reimbursement by Lessee.

Article 11 – Vehicle defects and liability of the rental company

At the commencement of the rental, the vehicle shall be in a good state of repair, subject to known and noted defects or damage. Any technical defects that prevent or limit the use of the vehicle and are not due to careless use by the renter will be remedied by the rental company as soon as possible.
If there is a defect in the vehicle that significantly impedes its use and that was already present at the start of the rental agreement (without the lessor making it known), the renter is entitled to a proportional reduction in the rental price during the period that he was unable to use the vehicle normally. However, the renter should report the defect as soon as possible so that the rental company has the opportunity to repair it.
Landlord is liable for direct damage to persons or property caused by a defect in the vehicle that was already present at the start of the rental and that Landlord knew or reasonably should have known about, insofar as this defect was not repaired in a timely manner or the Tenant was not informed of it.
Subject to the foregoing, Lessor shall not be liable for any indirect or consequential damages, loss of business or loss of profits suffered by Lessee as a result of defects or deficiencies in the vehicle, unless intentional or deliberate recklessness on the part of Lessor.
If the vehicle has such serious defects that further use is dangerous or impossible, the lessor shall – if available and appropriate – offer replacement transportation or terminate the rental agreement without charge from the moment the defect has been reported and confirmed. This does not affect any rights of the renter to compensation, insofar as applicable according to law and these terms and conditions.

Article 12 – Government-imposed sanctions and measures

All fines, transactions, taxes, charges and other penalties imposed on the vehicle or in respect of its use during the rental period (for example, traffic fines, parking fines, tolls not paid, etc.) shall be borne by the renter. The lessor may advance these amounts and pass them on to the renter, plus an administration fee per case (minimum €10 excluding VAT per event).
If the vehicle is immobilized or impounded by the authorities as a result of the renter’s acts or omissions (for example, in the event of serious traffic violations or the lack of necessary papers through the fault of the renter), the renter shall remain obliged to continue to pay the rental price during the period that the rental company does not have the vehicle at its disposal, without prejudice to the rental company’s right to compensation for further damage, costs and fines. The renter is also liable for all costs associated with lifting the measure and recovering the vehicle.
Landlord shall, in the event that it is cited by authorities in connection with any conduct or violation during the rental period (e.g., a traffic violation in which Landlord’s information as license plate holder is requested), provide the necessary information to such authorities. The resulting costs or fees (such as administration costs) shall be borne by the renter in accordance with paragraph 1 of this article.

Article 13 – Seizure of the vehicle

In the event of conservatory or executory seizure, or any government measure as a result of which the renter cannot freely dispose of the vehicle, the renter shall be obliged to inform the rental agency thereof immediately. During such attachment or measure, the renter shall remain obliged to fulfill all obligations under the rental agreement, including payment of the rental price. The renter must fully compensate any damages and costs incurred by the rental company as a result of an attachment or measure, unless they are in no way attributable to the renter.

Article 14 – Dissolution of the lease by landlord

The lessor shall be entitled to dissolve the rental agreement with immediate effect, without judicial intervention, and to take back the vehicle if the renter (or the driver) imputably fails to comply with the agreement. This includes:
- Failure to pay amounts due on time despite notice of default.
- Ignoring significant obligations in these terms and conditions (such as prohibited use or failure to return the vehicle after cancellation).
- If Tenant is declared bankrupt, files for a moratorium, is placed in receivership, is placed in receivership or is otherwise found to be insolvent.
- Upon death of the lessee (if natural person), or upon liquidation/termination of the lessee’s business activities (if legal entity).
- If the Tenant is declared subject to the Natural Persons Debt Rescheduling Act (WSNP) (as relevant).
- If the vehicle is seized and not removed within a reasonable time.
- If circumstances arise that make lessor no longer reasonably want to continue the agreement (for example, serious misuse of the vehicle or greatly increased risk of damage).

In the event of dissolution as described in paragraph 1, the renter shall be obliged to cooperate fully with the lessor’s immediate repossession of the vehicle. The lessor shall not be liable for any damages on the part of the lessee as a result of such dissolution, and the lessee shall remain liable for all costs and damages incurred by the lessor up to the time of actual repossession of the vehicle.
Dissolution shall not affect the lessor’s right to compensation for costs, damages and interest. Lessee shall bear all reasonable costs involved in recovering the vehicle, including, for example, the costs of tracing, transportation and any legal assistance.

Article 15 – Liability for conduct of directors and third parties

The lessee shall be liable to the lessor for the acts and omissions of the driver(s), passengers and other persons whom he allows to use the vehicle, as if they were his own acts. Damage or expenses caused by the acts or omissions of said persons shall be treated as if caused by the renter himself.

Article 16 – Complaints and mediation scheme (BOVAG)

Drive Shortlease is a member of BOVAG Rental and Share car companies. In the event of a dispute about the interpretation or implementation of these general terms and conditions, the renter can submit this to BOVAG Bemiddeling, Postbus 1100, 3980 DC Bunnik within three months after the dispute arose.
BOVAG Mediation attempts to resolve the dispute between tenant and landlord through mediation. No costs are associated with this mediation procedure for the lessee. Participation in the mediation scheme does not affect the lessee’s right to submit any disputes to the competent court.
If the mediation does not lead to a solution, the tenant will be notified as soon as possible that the mediation is terminated. Tenant may then decide to still take the dispute to court. The rental agreement and these general terms and conditions will in that case be fully subject to the law and forum mentioned below.

Article 17 – Privacy and data processing.

The personal data of the renter and any drivers mentioned in the rental agreement are processed by the lessor in accordance with the General Data Protection Regulation (AVG). This processing is for the purpose of executing the rental agreement, providing optimal service (e.g. maintenance calls, breakdown assistance) and providing the renter with relevant information. Landlord may also use the contact details provided to keep Tenant informed of new services or offers, unless Tenant has indicated that it does not appreciate this.
If refueling occurs without payment or the renter fails to fulfill his payment obligations, personal data of the renter and driver(s) may be included in the so-called Car Rental Warning System (a database managed by BOVAG, also known as ELENA). The purpose of this system is to warn rental companies about renters who have previously caused serious abuse (such as embezzlement of a vehicle or non-payment). Renters can request information from BOVAG about their possible registration in this system and request correction or removal of incorrect data.
Lessor may equip the vehicle with track & trace or similar vehicle tracking devices for such purposes as theft protection, maintenance scheduling or mileage tracking. Lessee and driver agree to such use for these legitimate purposes. Any tracking will be done in accordance with applicable privacy laws and not beyond what is necessary.
Tenant and driver have the right to request access to personal data recorded about them and to have it corrected or deleted to the extent legally possible. Objections to the use of personal data for direct marketing purposes will be honored at all times.

Article 18 – Applicable law and competent court

This rental agreement and these general terms and conditions are exclusively governed by Dutch law. Any disputes that are not resolved amicably or through mediation shall be submitted to the competent court in the district where the lessor has its registered office, unless mandatory law prescribes another competent court.