General Rental Terms and Conditions of Vriesoord Trucks B.V., ’s-Hertogenbosch (Chamber of Commerce no. 59394366)

In these rental terms and conditions, the following terms shall have the meanings set out below:

Vriesoord: the vehicle or trailer/semi-trailer, including all parts and documents, that is the subject of the rental agreement;

Hirer: the natural person or legal entity who concludes the rental agreement as hirer;

Lessor: Vriesoord Trucks B.V., which concludes the rental agreement as lessor, and the group as referred to in Section 2:24b of the Dutch Civil Code (BW) to which Vriesoord Trucks B.V. belongs;

Consumer: the hirer who is a natural person and who has not concluded the rental agreement in the course of a profession or business;

Auxiliaries: all persons engaged by the Lessor in the performance of the rental agreement, other than employees of the Lessor;

Rental Agreement: the obligation between the Lessor and the Hirer pursuant to which the Lessor undertakes to make a vehicle available for use by the Hirer and the Hirer undertakes to pay a rental price;

Damage of the Lessor: the pecuniary damage suffered by the Lessor, directly or indirectly, as a result of:

• Damage (including a condition of the vehicle or parts thereof that is inconsistent with normal wear and tear) or loss of the vehicle or of accessories or parts thereof, or of any other property of the Lessor. Such damage includes, inter alia, the costs of replacing the vehicle and loss of rental income;
• Loss or injury caused with or by the vehicle to a person or property, for which the Lessor, the registered keeper or the motor liability insurer is liable.

Check-out/check-in form: the form in which the Lessor, or a person acting on the Lessor’s behalf, records the condition of the vehicle and the accessories and documents with which it is delivered at the start of the rental agreement and returned after the end of the rental agreement;

Driver: the actual driver of the vehicle.

1. The Lessor’s general rental terms and conditions apply to all quotations issued by the Lessor, to all rental agreements to which the Lessor is a party, and to all other factual and legal acts performed by the Lessor in performance of the rental agreement.
2. Contrary to Section 6:225 paragraph 3 of the Dutch Civil Code (BW), deviations from the Lessor’s general rental terms and conditions are valid only if and insofar as agreed in writing between the parties. A general reference to other rental terms in documents of the Hirer does not constitute an agreed deviation from these rental terms and conditions.
3. The applicability of the Hirer’s general terms and conditions is expressly excluded.
4. If these general rental terms and conditions have once been validly declared applicable to a particular agreement, the most recent version of these general rental terms and conditions shall also be deemed applicable to all subsequent agreements between the same parties, unless otherwise agreed in writing.

1. The rental agreement is entered into for the period and at the rate stated in the rental agreement or otherwise agreed in writing.
2. The number of kilometres driven shall be determined on the basis of the odometer. If the odometer becomes defective, this must be reported to the Lessor immediately. In that case, the number of kilometres driven shall be determined in a manner to be determined by the Lessor.
3. Vehicle preparation costs, collection and delivery costs, refuelling costs and contract costs may be charged.

Extension of the rental period may only be agreed in writing.

1. Delivery of the vehicle to the Hirer shall take place on the agreed date and at the agreed time. Unless otherwise agreed in writing, delivery shall take place at the Lessor’s address.
2. Upon delivery, a check-out/check-in form shall be completed and signed. The person collecting the vehicle shall be deemed authorised to complete and sign that form on behalf of the Hirer. If the Hirer, or a person acting on the Hirer’s behalf, fails to cooperate in completing and signing that form, the particulars recorded on the form by or on behalf of the Lessor shall be binding.
3. The person collecting the vehicle shall also be deemed authorised to enter into the rental agreement on behalf of the Hirer and thereby to accept the applicability and validity of these general rental terms and conditions.

1. The Hirer is obliged to return the vehicle no later than the agreed date and time. Unless otherwise agreed in writing, return shall take place at the Lessor’s address.
2. The provisions of Article 4.2 apply mutatis mutandis upon return.
3. The Hirer may return the vehicle outside the Lessor’s opening hours only with the Lessor’s prior consent. In that case, the Hirer remains liable for all damage arising until the moment the Lessor has actually received the vehicle and inspected it or had it inspected.

If the vehicle has not been returned to the Lessor, or to a third party with the Lessor’s consent, within the period stated in the rental agreement, as possibly extended, the Lessor shall be entitled to repossess the vehicle immediately. The Hirer’s obligations arising from this agreement shall remain in force until the vehicle is again in the Lessor’s possession, provided that until that moment the Hirer shall owe an amount of € 150 per day (excluding VAT) in addition to the rental sum, whereby part of a day shall count as a full day, without prejudice to the Hirer’s obligation to compensate damage suffered by the Lessor.

Cancellation of the rental agreement is not possible, unless a cancellation arrangement has been agreed in writing.

1. Payments may only be made by bank transfer.
2. The Hirer’s debts are debts to be discharged at the Lessor’s domicile.
3. Prior to the start of the rental period, advance payment of the rental charges and payment of a deposit may be required. If the amount paid in advance exceeds the rental sum payable, it shall also be applied towards compensation of all other amounts that the Hirer may owe to the Lessor. The deposit in respect of the excess (own risk) shall not be returned until the vehicle has been returned. In the event of damage, the deposit in respect of the excess shall not be returned until it is clear that the extent of the damage does not exceed the amount of the excess, after which at most the deposit in respect of the excess minus the amount of the damage shall be returned.
4. The Lessor is at all times entitled, both upon entering into the rental and upon any extension thereof, to require security for payment or an instruction for payment by credit card from the Hirer. Such authorisation is irrevocable.
5. Unless otherwise agreed, payment shall be made by direct debit in euros, or in any event within 14 days after invoicing. If the Hirer fails to pay on time, the Hirer is in default by operation of law. From the date of default, the Hirer shall owe statutory interest plus 2% per annum on the outstanding amount, whereby part of a month shall count as a full month.
6. In respect of payment, the Hirer is not entitled to invoke suspension or set-off vis-à-vis the Lessor.
7. If, after a demand for payment, the Hirer remains in default of paying the amount due, the Hirer shall furthermore be obliged to reimburse collection costs. Collection costs means all costs incurred by the Lessor, in and out of court, in collecting the amount due, with a minimum of 15% of the amount due or, if the amount due is less than € 500 (excl. VAT), a minimum of € 250 (excl. VAT).
8. If an agreement has been entered into with a consumer, then, instead of the provisions of Article 8.7 of these general rental terms and conditions, the consumer shall owe extrajudicial collection costs to the Lessor after the consumer has been unsuccessfully reminded in accordance with Section 6:96 paragraph 6 of the Dutch Civil Code (BW). The amount of the extrajudicial collection costs shall be determined on the basis of the regulations in force at that time.
9. Any payment by the Hirer to the Lessor, for whatever reason, shall be applied first towards any obligation to pay damages owed to the Lessor, secondly towards any amounts still owed by the Hirer to the Lessor in respect of costs and interest, and thirdly towards invoices still payable to the Lessor. Each payment shall always be applied, in accordance with the order set out in the previous sentence, to the Hirer’s oldest obligation towards the Lessor.

During the rental period, the costs connected with use of the vehicle, such as tolls and the costs of fuel, cleaning, parking and fines, shall be for the Hirer’s account.

1. The Hirer must handle the vehicle in a professional and careful manner and ensure that the vehicle is used in accordance with its intended purpose and in accordance with laws and regulations, and only in a manner and for purposes for which it is reasonably suitable, including not loading it beyond the maximum payload, distributing the load evenly, and refraining from transporting cargo that may damage the vehicle or render it unsuitable for the transport of other goods.
2. Except with the Lessor’s written consent, the Hirer is only permitted during the term of the rental agreement to take the vehicle into countries belonging to the European Union, Norway and Switzerland. The Hirer is expressly not permitted to take the vehicle into countries belonging to the United Kingdom, or into countries in respect of which European Union sanctions apply, as listed on the EU Sanctions Map. If, during the rental agreement, sanctions are declared applicable to a country in which the vehicle is located, the Hirer is obliged to remove the vehicle from that country without delay.
3. The Lessor declares that the vehicle is suitable for use in accordance with its intended purpose. The Lessor warrants the presence of statutory marks of approval only if expressly stated in the rental agreement. The Lessor is not liable for any consequence arising from the loss of any statutory mark of approval as a result of modifications to the vehicle at the Hirer’s request, or if any statutory mark of approval is lost as a result of any act or omission by the Hirer.
4. The Hirer is obliged to return the vehicle to the Lessor in its original condition. The Hirer is obliged to undo any changes and additions made by or on behalf of the Hirer; the Hirer cannot claim any compensation in that respect. The Hirer is not permitted to remove parts or accessories from the vehicle, or to remove, alter or obscure markings, numbers, brand and/or trade name indications on the vehicle, without the Lessor’s written consent.
5. The Hirer is obliged to secure the vehicle’s cargo adequately. The Lessor is not liable for damage, in the broadest sense of the word, to the cargo or other goods placed in the vehicle by or on behalf of the Hirer. The Lessor is not liable for use of the refrigeration unit, defects therein, or damage to the cargo arising from or contributed to by (the use of) the refrigeration unit.
6. Only persons designated in the rental agreement as driver — possibly also in the capacity of hirer — may drive the vehicle. The Hirer is not permitted to make the vehicle available to a person who is not listed as driver on the front of the rental agreement, nor to alienate, encumber, pledge, sublet, lend or otherwise make the trailer available to third parties who are not the driver.
7. The Hirer must ensure that all drivers have the authority and the physical and mental condition required to drive the vehicle.
8. The Hirer is not permitted to sublet the vehicle or otherwise give it into use to another person, except with the Lessor’s written consent.
9. The Hirer is not permitted to create, or allow to be created, the impression among third parties that the Hirer is authorised to perform the acts described in paragraphs 4 and 6.
10. If the vehicle leaves the Hirer’s control, the Hirer must notify the Lessor immediately.
11. The Hirer is not permitted to take hitchhikers or animals in the vehicle, to use the vehicle for driving instruction, or to use the vehicle for competitions or speed, driving-skill or reliability tests.
12. The Hirer is not permitted to take the vehicle outside the borders of the Netherlands, unless otherwise agreed in writing with the Lessor.
13. The Hirer must keep (or have kept) all fluids, lubricant and tyre pressure at the required level and must present the vehicle to the Lessor for regular maintenance.
14. The Hirer is obliged to return the vehicle in a clean condition. In the event of failure to fulfil this obligation, cleaning costs may be charged, with a minimum of € 75 (excl. VAT).
15. The Hirer must refuel the vehicle with suitable fuel.
16. In the event of damage or defects to the vehicle, the Hirer is not permitted to use the vehicle if that may lead to aggravation of the damage or defects, or to a reduction in road safety.
17. In the event of any occurrence from which damage may arise, the Hirer is obliged to:
• notify the Lessor thereof immediately by telephone;
• follow the Lessor’s instructions;
• alert the police on site;
• provide, whether requested or not, all information and all documents relating to the occurrence to the Lessor or the Lessor’s insurer;
• submit a fully completed and signed accident report form to the Lessor within 48 hours;
• refrain from any admission of liability in any form whatsoever;
• not leave the vehicle without having properly protected it against the risk of damage or loss;
• grant the Lessor and persons designated by the Lessor all requested cooperation in obtaining compensation from third parties or in defending against claims of third parties.
18. The Hirer must inform the Lessor as soon as possible of:
• disruption of the operation of the odometer, the tachograph, the speed limiter, or the PTO, refrigeration-unit and operating-hours counters;
• breaking of the seal of the fuel supply system;
• the vehicle becoming defective or any malfunction exhibited by the vehicle;
• attachment (seizure) of the vehicle;
• other circumstances of which the Lessor should reasonably be informed.
19. The Hirer is obliged to impose the obligations and prohibitions of this Article on the driver, passengers and any other users of the vehicle, and to supervise compliance therewith.

1. The Hirer is liable for all damage of the Lessor arising from any occurrence during the rental period or otherwise connected with the rental of the vehicle or with modifications to the vehicle carried out at the Hirer’s request, subject to the following.
2. If the Lessor’s damage can be compensated under an insurance agreement taken out by the Hirer, whether compulsory or not, the Hirer must report the damage to the Hirer’s insurer.
3. If, under an insurance agreement taken out by the Lessor, whether compulsory or not, against the risk of hull damage or against the risk of third-party liability, a payment is made to the Lessor or to a third party, this shall not affect the Hirer’s liability.
4. If the damage is the result of any loss caused with or by the vehicle, the extent thereof shall be determined in advance as the amount of the compensation paid to the person directly injured, possibly increased by other damage of the Lessor.
5. Damage resulting from the impossibility of renting out the vehicle during the period of repair or replacement shall be determined in advance as the number of days involved in repair or replacement of the vehicle, multiplied by the rental price per day, reduced by 10% in connection with savings on variable costs.
6. In the event of damage abroad, the costs of repatriation of the vehicle shall be for the Lessor’s account, unless a circumstance as referred to in paragraph 3 of this Article applies. The Hirer is permitted to incur costs in respect of repatriation of the vehicle only after the Lessor’s written consent.
7. If the vehicle is a total loss, or must be regarded as such, or has been stolen, is missing or has been confiscated, the Hirer shall continue to pay the rent until the replacement value of the vehicle has been compensated, or until the Lessor has received the insurer’s positive written undertaking that it will pay out the replacement value of the vehicle. If the vehicle is subsequently recovered or released, the Hirer shall continue to pay the rent until the vehicle has been returned to the Lessor.
8. In the event of damage to or total or partial loss of the vehicle, the Hirer shall, upon the Lessor’s first request, assign to the Lessor all claims to which the Hirer is entitled in respect of the occurrence. Such assignment shall serve as security for payment of all that the Hirer owes or will owe to the Lessor.

1. The Lessor is entitled to engage auxiliaries in the performance of the agreement.
2. The Lessor is responsible for the acts and omissions of auxiliaries in the same manner as for its employees.
3. If auxiliaries are held liable by the customer, such auxiliaries may invoke all provisions relating to limitation of liability contained in these general rental terms and conditions.
4. Any legal claim relating to liability, on whatever legal basis, may be brought by the customer only within the limits of the agreement concluded with the Lessor and these general rental terms and conditions.

1. The Hirer is obliged to pay the costs of minor repairs, unless these have become necessary as a result of the Lessor’s failure to fulfil its obligation to remedy defects.
2. The Hirer is obliged to pay the costs of daily maintenance, as apparent from the documentation made available by the Lessor to the Hirer at the start of the rental agreement.
3. All repairs — minor or major — must be carried out at the Lessor’s premises. If that is not reasonably possible, the work must be carried out by a garage belonging to the dealer network of the importer of the relevant brand, to be designated by the Lessor. Before presenting the vehicle for repairs, the Hirer must obtain the Lessor’s written consent.
4. Upon the Lessor’s first request, the Hirer shall present the vehicle and everything connected therewith for periodic inspection or control. Damage to the vehicle and related property of the Lessor as a result of the Hirer’s negligence in respect of this obligation shall be compensated by the Hirer.
5. It is possible that, in the Lessor’s opinion, the vehicle requires maintenance during the rental period. In that case, the Hirer is obliged to return the vehicle at the Lessor’s location or at a location to be determined by the Lessor. In that case, the obligation to pay during the period of maintenance shall not be interrupted. If a replacement vehicle is available, the Hirer may rent a replacement vehicle for that period.

1. As between the parties, a shortcoming of the vehicle that is not connected with careless maintenance cannot constitute a defect.
2. The Lessor is only obliged to remedy defects if the Lessor knew or ought to have known of those defects when entering into the rental agreement, this is reasonably possible, and this does not require expenditure that cannot reasonably be required of the Lessor in the given circumstances.
3. In the event of defects, the Hirer is only entitled to a reduction of the rental price if the Lessor knew of the defects when entering into the rental agreement.
4. The Lessor is only liable for damage resulting from defects if the Lessor knew or ought to have known of the defects when entering into the rental agreement.
5. The Lessor must be informed of any defects by the Hirer without delay.
6. A defect must be notified to the Lessor exclusively in writing (telefax), accompanied by a detailed and clear description of the grievances and established defects, unless it concerns a defect that only requires a minor repair.
7. The burden of proving timely notification of defects always rests with the Hirer.
8. The Hirer is obliged to give the Lessor the opportunity to remedy defects.
9. Legal claims which the Hirer has against the Lessor, on whatever basis, must, on pain of forfeiture of all rights, be brought within one year after the agreement was concluded.
10. The Lessor excludes all liability towards the Hirer for all damage (material and non-material) arising on whatever basis, except for liability for damage caused by intent or gross negligence of the Lessor.
11. If and insofar as any liability on the part of the Lessor should arise, the Lessor shall never be obliged to compensate damage exceeding the amount paid out under an insurance policy taken out by the Lessor.
12. If and insofar as, for whatever reason, no payout is made under the said insurance, the Lessor’s liability — on whatever basis — shall be limited to the amount of the rental price.

The Lessor has the right to inspect the vehicle at any time itself or to have it inspected by a representative designated by it. The Hirer is obliged to inform the Lessor of the location of the vehicle, to provide support by all possible means, and to grant the Lessor access to the vehicle.

1. The Hirer declares that the Hirer is aware of, and insofar as necessary agrees that, title to the vehicle may (come to) vest in a third party, or that the vehicle may be (or become) pledged to a third party.
2. Notwithstanding the existence of the rental agreement below, the Hirer shall, upon first request and/or in the event of suspension of payments or bankruptcy of the Lessor, surrender the vehicle to a third party, without the Hirer being entitled to invoke any right of retention, if and as soon as the third party demands surrender of the vehicle on the ground of the Lessor’s failure to fulfil its obligations towards the third party. As a result of such demand, the present rental agreement shall be dissolved with immediate effect. Surrender as aforesaid shall take place at the third party’s office or at a location designated by the third party.
3. The parties entirely exclude the applicability of Sections 7:226 and 7:227 of the Dutch Civil Code (BW).
4. This third-party clause cannot be revoked.

For the Hirer’s account are all levies, sanctions and consequences of measures imposed by the authorities in connection with having or using the vehicle, unless these relate to a defect that was already present at the start of the rental. If such levies, sanctions and measures are imposed on the Lessor, the Hirer is obliged to indemnify the Lessor upon the Lessor’s first request, whereby the Hirer shall additionally owe the costs of collection in and out of court, with a minimum of € 75 (excl. VAT). If, in connection with any act or omission of the Hirer, such as a traffic offence, the Lessor provides information to the authorities, the Hirer is obliged to reimburse the costs associated therewith, with a minimum of € 25 (excl. VAT).

In the event of administrative, civil or criminal attachment (seizure) of the vehicle, the Hirer remains obliged to fulfil the obligations of the rental agreement, including payment of the rental price, until the moment the vehicle is again in the Lessor’s possession free of attachments. The Hirer is obliged to indemnify the Lessor for all costs arising from the attachment.

The Lessor is entitled to terminate the rental agreement without notice of default or judicial intervention and to repossess the vehicle, without prejudice to its right to compensation of costs, damages and interest, if:

1. it appears that during the rental period the Hirer does not, will not, or will not timely or fully, fulfil one or more of the obligations of the rental agreement;
2. the Hirer dies, is placed under guardianship, applies for suspension of payments, is declared bankrupt, the Dutch Debt Restructuring (Natural Persons) Act is declared applicable in respect of the Hirer, the Hirer relocates his place of residence or registered office abroad, or attachment is levied on the vehicle;
3. during the rental period the Lessor becomes aware of circumstances of such a nature that, had the Lessor been aware of them, the Lessor would not have entered into the rental agreement;
4. the vehicle has a defect;
5. circumstances arise beyond the Lessor’s control, whether or not foreseeable at the time the rental agreement was concluded, of such a nature that performance of the rental agreement cannot be required of the Lessor. Such circumstances include, but are not limited to: (threat of) war, riot, attacks, strike, natural disasters, fire, accidents and statutory measures.

The Hirer shall grant the Lessor all cooperation to repossess the vehicle. The Lessor is not liable for damage resulting from dissolution of the rental agreement.

The Hirer is liable for acts and omissions of the driver, the passengers and other users of the vehicle, even if these did not have the Hirer’s consent.

1. Every agreement concluded with the Lessor, or every legal relationship existing between the Hirer and the Lessor, shall be governed by Dutch law.
2. Every agreement concluded with the Lessor shall be deemed to have been concluded in ’s-Hertogenbosch.
3. With respect to all disputes arising in connection with concluded agreements, or in connection with any other legal relationship, the District Court of ’s-Hertogenbosch shall have exclusive jurisdiction, subject to appeal and/or cassation.
4. A dispute shall also be deemed to exist if one of the parties, after a claim by the other party, fails to perform as demanded, without otherwise contesting the correctness of the claim.