General terms and conditions

from Adrem Car Rental

No unexpected costs:

You pay only what is agreed in advance.

Free cancellation up to 48 hours before departure:

If it doesn't work out anyway, you can cancel any reservation free of charge up to 48 hours before departure.

100% transport guarantee:

If you don't get where you need to be, you don't pay a cent.

Article 1: General

All amounts mentioned in these terms and conditions are in euros (€).
The rental agreement shall be entered into for the time and at the rate stated on the rental agreement or otherwise agreed in writing, without prejudice to the provisions of Article 16 of these General Terms and Conditions. If the rental agency has given permission to return the vehicle at a time outside the opening hours of the rental agency, the renter shall remain liable for damage to the vehicle until the time the rental agency actually receives the vehicle and has inspected it or had it inspected.
In principle, the number of kilometres driven shall be established on the basis of the odometer. The renter undertakes to ensure that the odometer, including the connection points, remains intact, without prejudice to the renter's right to prove that the odometer was not intact when the vehicle was delivered. If the odometer becomes defective, this must be reported to the rental agency immediately. In the event of an odometer defect, the rental agency shall be entitled to calculate the number of kilometres driven using road maps, if necessary.

Article 2: Extension of the rental agreement

The renter undertakes to return the vehicle with all its accessories to the company and address mentioned in the rental agreement, in the same condition, except for normal wear and tear, no later than the day and time the agreement ends, unless an extension of the rental period has previously been requested by the renter and such extension has been granted to him by the rental company or the renter is obliged, pursuant to the provisions of Article 16, to return the vehicle to the third party mentioned therein. The rental period thus extended shall remain subject to these standard provisions and shall end at the further agreed time.

Article 3: Exceeding the rental period

If the vehicle is not returned to the rental agency within the period, possibly extended, stated in the rental agreement, at the location stated in the rental agreement or to a third party approved by the rental agency, the rental agency shall be entitled to immediately repossess the vehicle, whereby the rental shall otherwise continue automatically under the same provisions up to and including the day on which the vehicle is once again in the possession of the rental agency, on the understanding that the daily price for that period shall then be increased by an amount of € 50, plus VAT, without prejudice to the right of the rental agency to compensation by the renter of any further damage suffered by the rental agency as a result and the costs to be incurred, and without prejudice to the right of the rental agency to demand immediate return of the rented vehicle. If the renter proves that exceeding the original rental period is the result of a shortcoming not attributable to him, such as a technical defect of the vehicle that was already present when the rental agreement was entered into, the additional amount referred to in the previous sentence of this article shall not be charged and the rental agency shall also assess, depending on the circumstances of the case, whether a daily rate (or part thereof) is owed for that period.

Article 4: Cancellation

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

Article 5: Settlement of rent

The renter's debts are considered to be bring debts. Unless otherwise agreed, payment must be made in cash immediately after returning the vehicle or after expiry of the rental period. A full or partial prepayment, reservation fee and/or deposit may be required. If, despite this, the Lessor's claim is not paid in cash or not at the agreed time, the Lessee shall owe statutory interest, plus 2% on an annual basis, on the outstanding amount from that time onwards. For this purpose, the remaining part of the month from the time when payment should have been made shall be considered an entire month. This increase in the amount due shall be considered a condition under which the lessor has granted a postponement of payment, without waiving the lessee's obligation to pay in cash.

If the lessee fails to pay the amount due even after summons, the lessor shall be entitled to increase this amount with the collection costs. Collection costs are all costs incurred by the lessor for the collection of the amount due. The collection costs shall be set at a minimum of 15% of the amount due with a minimum of €40, without prejudice to the Landlord's right to claim the additional demonstrable costs incurred.
The Tenant shall be obliged to reimburse the Landlord for all costs reasonably incurred by the Landlord in connection with legal proceedings in which the Landlord is found to be wholly or mainly in the wrong. Such costs shall in any case include the costs of external experts, bailiffs and lawyers, even if they exceed the amount awarded by the court.

Article 6. Costs during rental period

During the tenant's time in possession of the vehicle, costs associated with the use of the vehicle such as motor fuel, storage, washing and gas filling shall be borne by the tenant.

Article 7: Use of rental vehicle

The Hirer must prevent any right to the vehicle from being created, lent or sold or otherwise disposed of. The lessee is explicitly not authorised to bind the lessor to third parties and must avoid any appearance of being authorised to do so. Should the vehicle fall out of the lessee's control, he shall immediately inform the lessor thereof (by telephone).
The vehicle may not be used or driven:
1. by a person who does not hold a valid driving licence, whose correct name and address are not shown on the front of the lease, or in respect of whom an incorrect name, address or age is given;
2. by a person under the influence of alcoholic drinks, or of narcotics and stimulants, or by a person suffering from any mental or physical impairment which affects his ability to drive a vehicle properly and/or his attentiveness;
3. for transporting passengers or goods for remuneration, for a purpose contrary to the law (such as theft, smuggling, transport of goods subject to import duties or sales tax), in speed testing, for driving instruction, competitions or rallies or for pushing or towing another vehicle and/or trailer;
4. For transporting persons other than family, acquaintances or business associates;
5. for transporting hitchhikers or animals;
6. in a manner inconsistent with due care in society towards another person or property.
For the purposes of this section 7, any act and/or omission of all those who drive, use or are in the vehicle, as well as any act and/or omission of the hirer, shall apply.
The hirer must handle the vehicle with care and ensure that it is used in accordance with its purpose. The hirer is obliged to return the vehicle to the lessor in its original condition.
The renter undertakes not to overload the vehicle with passengers, luggage, cargo, etc.
The renter must ensure that the coolant and oil levels as well as the tyre pressure are checked regularly, that the vehicle is serviced on time (according to the service schedule of the respective vehicle) and that the tyre pressure is as prescribed. The hirer is fully responsible for filling up with fuel suitable for the vehicle. Hirer shall properly protect the vehicle from adverse weather conditions.
Subletting of the vehicle is not allowed without the written consent of the lessor.
The lessee is only allowed to travel with the vehicle in the Benelux countries, unless otherwise agreed in writing with the lessor.
The hirer is obliged to return all documents provided with the vehicle such as the registration certificate, insurance card, border documents, etc. at the end of the hire.
If any damage or defect upon further use of the vehicle entails the risk that the damage or defect may worsen or further use may lead to a reduction in road safety, the renter shall be prohibited from using the vehicle until such repair has taken place.

Article 8: Repairs and servicing

The costs of repairs and servicing shall be borne entirely by the lessor. All costs relating to tyres not resulting from normal wear and tear shall be borne by the lessee. Maintenance and repair work should be carried out in the lessor's company. If this is not possible, the services of a garage that has been approved by the importer of the brand in question should be used.
If the costs of repairs and maintenance do not exceed €50 excluding VAT, such work may be carried out without the lessor's prior consent. For costs of repairs and maintenance above an amount of €50 excluding VAT, the lessor must give its prior consent, failing which these costs shall be for the lessee's account.
The repair work and maintenance paid for by the tenant will be reimbursed by the lessor upon submission of an itemised bill and receipt, unless the work is the result of shortcomings that can be attributed to the tenant. This reimbursement shall never exceed the actual costs incurred. Parts replaced during repairs must be returned to the lessor on request. Any associated transport costs shall be borne by the lessor.

Article 9: Liability insurance

The lessor declares that liability insurance has been taken out for the vehicle, which meets the requirements laid down in or pursuant to the Dutch Motor Insurance Liability Act. However, the renter, who indemnifies the rental agency in this respect, shall bear the costs of damage to third parties which may be compensated by the insurer on the basis of the aforementioned law, but for which there is no cover under the policy conditions. This occurs, for instance, if the driver was under the influence of alcohol or drugs at the time the damage occurred.
The insurance conditions are available for inspection at the landlord's premises and will be provided to the tenant upon request.

Article 10: Hull claims

Landlord declares that it will bear any hull damage itself, on the understanding that at all times it will remain the tenant's responsibility:
1. the excess agreed in the rental agreement; in the event of overhead damage to a van, truck or camper van, an increased excess applies. Overhead damage means all damage to the top of the car up to 75 centimetres below the roof edge. Here, van or camper van means a car with a maximum total weight of 3500 kg;
2. damage arising from use contrary to Article 7;
3. damage caused by intentional acts or omissions of tenant or driver;
4. damage caused while the driver does not hold a valid driving licence prescribed for driving or operating the relevant type of vehicle or while the driver is disqualified from driving;
5. damage caused by the vehicle going missing and the corresponding keys not being returned.

Article 11: State of the vehicle / damage

The lessor guarantees that the vehicle is in sound condition at the time of commencement of the rental period. The hirer declares, subject to proof to the contrary, to have received the vehicle without any visible defects and/or damage, unless otherwise indicated in the damage report.
In the event of damage occurring to or caused by the rented vehicle, the renter is obliged:
1. notify the lessor immediately (by telephone);
2. then follow the landlord's instructions, such as the submission of witness statements and/or other documents relating to the event;
3. at all times to send or otherwise timely provide the lessor with a fully completed and signed damage declaration form within twice 24 hours, unless otherwise agreed in writing;
4. in all cases alert the police on the spot immediately;
5. refrain from acknowledging guilt in any form;
6. never leave the vehicle than after proper use of all safety devices against accidents, theft and burglary fitted to and in the vehicle;
7. to provide the lessor and any persons appointed by it with all requested assistance in defending claims by third parties or in obtaining compensation from third parties, and to hand over to the lessor all documents and letters etc. received or served on the tenant/driver in connection with the accident.
Any damages collected by the rental agency from third parties in respect of an accident involving the vehicle during the rental period shall be deducted from the amount owed by the renter to the rental agency. In the event of damage abroad, the costs of any repatriation of the vehicle shall be for the account of the rental agency.
If the Tenant fails to comply or fails to comply on time with any of the obligations mentioned in paragraph 2 of this Article 11 and this would result in a loss of entitlement to insurance payment(s) or of the possibility of holding a third party liable or would otherwise damage the Landlord, the Tenant shall be liable for this damage, without prejudice to any other rights of the Landlord. This shall also apply if non-compliance with the provisions of Article 11, paragraph 2 results in a third-party claim that cannot be fully assessed.
The hirer shall be liable for damage caused by loss of valuables, including registration certificates and border documents, as well as car keys and tools. The hirer is obliged to compensate this damage upon returning the vehicle or otherwise as soon as possible.
Except as otherwise provided in this agreement, any liability of the lessor to the lessee for any direct or indirect damage or loss suffered or to be suffered by the lessee, or for the failure of the lessor to fulfil its obligations under this agreement, or to do so on time or properly, is expressly excluded, except in cases where the damage is a result of intent or gross negligence on the part of the lessor or its managerial subordinates.
If the lessee concludes the agreement on behalf or for the account of another natural person and/or legal entity, he declares - by signing the lease - to be authorised to do so. The tenant is personally jointly and severally liable alongside this (legal) person for all obligations arising from that agreement.

Article 12: Liability and indemnity

If it is impossible to continue driving the rented vehicle due to a defect in the vehicle that was already present (potentially) at the start of the rental period, the lessee shall only be entitled to replacement transport in accordance with the lessor's regulations. Other costs or (consequential) damage shall not be compensated. In all other cases where further driving is impossible, the renter shall not be entitled to replacement transport. The lessor shall never be liable for damage to the load, however caused. The hirer, even if he is a natural person not acting in the exercise of a profession or business, is deemed to take out his own insurance for possible damage.
The lessee shall be liable for any loss of profits to be suffered by the lessor, unless such loss is suffered as a result of the lessor's non-performance. This shall be determined in advance for both parties at the number of repair days to be objectively determined multiplied by an amount determined on the basis of the cost price of a vehicle, as is customary.
The lessee shall indemnify the lessor against all damages and claims by passengers or third parties, unless these are suffered as a result of the lessor's failure to fulfil its obligations under the rental agreement. The lessee shall also indemnify the lessor against all fines and/or compensation that may be imposed on the lessor in respect of criminal offences committed by the driver and/or passengers during the rental period, unless the fines and/or compensation owed by the lessor are a consequence of a defect to the vehicle that was already present (potentially) at the start of the rental period.

Article 13: Prepayment / deposit

If an advance payment has been agreed, it shall serve to pay the rental sums due, to reimburse the excess and to pay all other costs to which the renter is liable. The deposit in respect of the excess shall only be settled once the vehicle has been returned to the rental agency.
The lessor shall be entitled at any time, both at the commencement of the lease and also at any renewal thereof, to provide a payment security or obtain an order for payment by credit card from the lessee upon first request. Such authorisation is not revocable.

Article 14: Dissolution of the lease

The rental agency shall be entitled to immediately dissolve the rental agreement without notice of default or judicial intervention, without prejudice to its right to compensation for costs, damage and interest, if it emerges that the renter fails to comply with the obligations under the rental agreement or fails to do so in time or in full during the rental period; upon death, receivership, application for a moratorium or bankruptcy of the renter, upon the renter taking up residence abroad, upon government requisitioning or seizure of the rented vehicle, or in the event of interim circumstances of which the rental agency was not aware at the start of the rental period, which are of such a nature that, had the rental agency been aware of them, it would not have entered into the rental agreement. In that case, the renter shall be obliged to return the vehicle with accessories immediately, failing which the rental agency shall be entitled to regain possession of the vehicle with accessories.
The lessee hereby authorises the lessor or a person designated by the lessor to check where the vehicle is located or to repossess the vehicle. In the event that the vehicle is recovered by the rental agency, it retains all rights to recover from the renter any costs incurred in this regard or any damage suffered as a result of the breach of contract.

Article 15: Special provisions

It is possible that pursuant to a transfer of ownership by the lessor under a securitisation, the vehicle is owned by a third party.
The third party allows the rental company to use the vehicle (or have it used) until the day the rental company is declared bankrupt or is granted a moratorium. The renter agrees that should either of these events occur, the rental agreement shall immediately come to an end and, as a consequence, the renter shall keep the vehicle exclusively for the third party in its capacity as owner of the vehicle and the renter shall only accept instructions from the third party regarding the further use and return of the vehicle and shall behave accordingly.

Article 16: Other

Any nullity or invalidity of one or more provisions of this agreement shall not affect the validity and applicability of the others.
In the event of any difference in interpretation between the Dutch and English texts of these terms and conditions, the former shall prevail.

Article 17: Applicable law

Article 18: Competent court

The rental agreement and any resulting agreements are governed by Dutch law.

Disputes arising from these terms and conditions and/or rights and obligations of those involved in agreements to which these terms and conditions apply shall be exclusively settled by the District Court of Maastricht and, in urgent cases, by the President of this Court, unless the rules of absolute and relative competence dictate that the case be heard by any Subdistrict Court.

043 – 352 11 00