These general rental terms, together with the specific rental details, the damage form and the contracted insurance, constitute the short-term rental agreement between Toursupport BV (lessor) and the customer (lessee). The lessee may be a consumer or a professional customer. The term “lessee” also includes the drivers permitted by the lessee to drive the rented vehicle. The lessor has the right to transfer this rental agreement to a third party.
1. CHECK THE VEHICLE
An authorized driver and lessee-representative must be present at the vehicle pick-up. The driver will receive a damage form when picking up the vehicle. Prior to leaving the premises, the driver must check the vehicle for damages, note any discrepancies on the damage sheet and sign this rental agreement. After returning the vehicle the lessee will be held liable for any and all damage to the vehicle which was not noted on the damage sheet, discovered after the vehicle arrival check by a Toursupport representative, even if you are unaware of any causal connection to this new damage. If the driver neglected to sign the damage report, it is still presumed that he agrees with the condition of the vehicle upon departure.
2. MANDATORY USE OF OUR VEHICLES
All drivers must meet the requirements to operate our vehicles and must possess a valid driver’s license. All drivers must be at least 23 years and have at least 1 year of driving experience. The driver is required to handle the vehicle carefully and ensure that the vehicle is used in accordance with its intended purpose. The driver is obligated to properly secure the cargo in the vehicle, ensure that everyone wears their seatbelt and maintain a no smoke policy inside the van.
During the rental period, the costs associated with the use of the vehicle, such as the costs for fuel, oil, adblue, windshield washer fluid, cleaning, toll fees, “permits + urban access regulations” (3), parking fees, are the responsibility of the lessee. The lessee must keep all fluids and tire pressure at the required levels. Damage to the vehicle caused by the lessee ignoring warning lights or signals from the vehicle is the responsibility of the lessee. The lessee shall immediately inform the lessor of any damages, defects, or malfunctions. Without written consent from the lessor, the lessee is not allowed to sublease the vehicle or otherwise allow another person to use it. The lessee is prohibited from performing any maintenance or repair actions without consulting the lessor.
All maintenance and breakdowns must be carried out by a garage designated by the lessor. Any intervention or repair conducted without complying with the above conditions will be the responsibility of the lessee and cannot be charged to the lessor.
3. PERMITS + URBAN ACCESS REGULATIONS
The driver must always adhere to the traffic regulations and to comply with all permits, Urban Access Regulations, LEZ zones, ATA carnets, GMR (Goods Movement reference), local taxes, highway tolls, …..
Please check urbanaccessregulations.eu, a reliable source for all Low Emission Zones, Congestion Charging and Urban Traffic restrictions in Europe. Search to find out if you can drive into your cities. Check in advance and avoid traffic fines. All vans from Toursupport.be are registered for (U)LEZ in London (UK) . Vehicles which drive within a clearly defined zone of central London still will have to pay a daily Congestion Charge. Drivers using the Dartford Crossing still need to pay the Dart Charge in advance or by midnight the day after crossing.
4. PROHIBITED OF OUR VEHICLES
You understand and agree that the following uses are prohibited and shall be a violation of
the agreement resulting in the automatic termination of this agreement and the imposition of liability on you for all costs, including attorney’s fees. Use of the vehicle a) by someone under the influence of alcohol, intoxicants, drugs, or any substance that may impair driving ability b) for illegal purposes c) in countries or situations excluded by our insurance d) on unpaved or unsafe roads e) to carry or transport hazardous or explosive materials. f) overloading the vehicle with passengers or gear, g) engage in smoking inside vehicle, h) to carry animals in the vehicle i) for driving lessons, or to participate in competitions, speed trials, driving skill tests, j) disregarding traffic laws and regulations k) make alterations or advertising to the vehicle, l) sublet the vehicle or use it for public transport (paid transport). All costs arising from a breach of this article will be borne by the lessee. The lessee will also have
to pay the lessor a compensation for each day that the vehicle cannot be rented due to such a breach. This compensation will be
equal to the daily rental price for the vehicle.
5. VEHICLE RETURN
you will a) return the vehicle to us by the due date specified on the rental agreement or sooner if demanded. In no event you may keep the vehicle beyond the due date, unless authorized by us. Rental days are NOT calculated on a 24-hour clock. Each rental ends the next day at 08 am. In order to avoid being charged an additional day, you will need to enter before 08 am the next morning. b) return the vehicle in the same clean condition in which you received it, ordinary wear and tear excepted. In the event the vehicle is returned in a dirty condition you will be charged an additional cleaning fee of a minimum of 50€ or greater. “ Dirty” shall mean any condition, which will require additional labor to restore the vehicle to the condition in which you received it. Including, but not limited to, excessive amounts of mud, grass or stains, sand, vomit, beverages, food spills & stains, accumulated dirt and foul odors, also if smoking has occurred in the car. c) be held responsible for any and all damage to the vehicle if the vehicle is dropped off. The vehicle remains subject to the terms and conditions of this agreement until a Toursupport representative has inspected it.
6. DAMAGE TO VEHICLE + INSURANCE
For all vehicles and for each individual damage incident the applicable third party deductible (damage to third party) is limited to €600 and the full-risk deductible (damage to our vehicle) is limited to €2000. If the damage arises as a result of prohibited use as determined in “article 4” a higher full-risk deductible of €5,000 applies. The lessee has the possibility to pay a buy-down, lowering the full risk deductible to no less than €1000 instead of €2000. The buy-down must be agreed in advance and before departure with TourSupport and will cost €20/day. WARNING! The following damages are never covered by the insurance: a) damage to tires and rims, b) damage to the interior c) damage to the roof and the upper parts of the vehicle (everything above the windshield), as well as any resulting damage, plus all consequential damage to the entire vehicle, due to contact with entrance gates, branches and trees, ceilings, signs, lighting, bridges, underground parking lots, and tunnels, d) damage to our trailer, e) damage caused by the cargo, f) damages as a result of "bad fathership" (like using the wrong fuel, standing on top of the vehicle, burning holes in the interior etcetera), g) damage to the cargo such as backline & instruments, h) personal baggage such as laptops, .. All of this damage will be charged in full. If a driver comes as part of the Toursupport service, the lessee still remains responsible for all damages (except when gross negligence by the driver can be proven). Toursupport drivers are however responsible for parking tickets and speeding tickets except when otherwise agreed upon. Once we have inspected the vehicle after the rental period, we will report new damages to the lessee or driver. Afterward, we will request a damage estimate from our garage and invoice the amount of this estimate to the lessee as a settlement for the damage. In exceptional cases, the lessor may propose a fixed rate settlement for the damage. If the lessee does not agree with the settlement amount, a new damage estimate will be requested from an authorized body shop. The amount of this quote will then be binding.
Toursupport decides whether the vehicle will be repaired or not, and the timing of the reparation. If the lessee demands that the damage immediately must be repaired, all necessary days will additionally be charged to the lessee as loss-of-use days to carry out this repair. For stone chips or cracks in the windshield, a fixed compensation of €100 is provided per new chip and a fixed amount of €250 for a new crack. If the window is shattered or has a hole, a new windshield will be charged. Vehicle tires are covered under normal wear and tear. A licensed independent tire specialist performs all repairs or re- placements of tires. If it is determined that the damage to the tire is not from normal wear and tear, it is understood by you, the lessee, that the cost of replacing the tire(s) is at your expense. Vehicle load weight capacity is restricted to weight restriction as set forth by the manufacturer and Toursupport: 3,5 metric tons. If it is determined that abuse of this weight restriction occurs you, the lessee, will be charged the cost of any related repairs to the vehicle.
7. FINES AND PENALTIES
The lessee is always liable for all fines, fees, and penalties imposed for the use of the vehicle from
the moment the lessee receives the keys until the moment the lessee returns the keys to the lessor. For traffic violations in Belgium, Toursupport is obligated to inform the authorities about the person who was driving the vehicle at the time of the violation. Toursupport will always designate the customer as the legal entity acting as the driver. Subsequently, the customer will receive a letter at their billing address to identify the driver and settle the fine. In the case of a traffic violation outside Belgium, we will email the traffic fine to the customer to follow up all administrations and settle the payment. If we receive a "reminder" of this unpaid traffic fine from the customer, Toursupport will advance the fine and pass on this fine along with an administrative fee of €50 to the lessee.
8. BREAK DOWN OR ACCIDENT
In case the vehicle breaks down or you have an accident, call TourSupport (cell +32473642120) before undertaking any further steps. In case of an accident, the lessee is obliged to fill out an accident report form and deliver it to the lessor within 24 hours. In case of injuries or if the accident involves minors, please always call the police and emergency services. TourSupport has road breakdown assistance in Europe by VTB-VAB and they will do what they can to get
your van back on the road. Breakdown assistance by VTB-VAB (Call Caruur Assistance +322536336) is free of charge.
Furthermore we can rely on the 24hr Mercedes Benz Roadside Service but this service is NOT free of charge. DO NOT call 24/hour service Mercedes without permission of TourSupport. If VTB-VAB or 24/hour service fails to repair your van, TourSupport will get you the best back-up service available. The lessee will remain reachable for all communication necessary. Depending on the location and situation, we need to assess the available options for potential on-site repairs, towing the car to the nearest garage, availability of a replacement vehicle, hotel accommodation, and/or repatriation of passengers. We also need to determine to what extent these costs may or may not be (partially) covered within our agreement with VTB-VAB. The lessee waives all claims against the lessor for any consequential damages (such as failure to reach the final destination or show, …) due to technical defects, breakdown or accident, regardless of fault
9. RESERVATION AND BILLING POLICY INCLUDING CANCELLATION TERMS
When making a reservation for a vehicle rental, we require a full advance payment of the total invoice amount. This advance payment is necessary to confirm the reservation and schedule the vehicle for the desired dates. Once we have received the advance payment, the reservation is confirmed. For cancellations made less than 2 weeks before the scheduled rental date, a cancellation fee of 20% of the total invoice amount will be charged. The remaining amount of 80% can be frozen for a new tour valid within a period of one year from the date of cancellation. This means that the customer can use the amount for a future vehicle rental within this period, subject to availability. This policy provides both protection for the company and flexibility for the customer in case of cancellations, with the option to use the remaining amount for a future rental within a reasonable period. If the customer chooses not to rely on this frozen amount, he can also opt for a 50% refund.
10. APPLICABLE LAW – JURISDICTION
This agreement shall be governed by Belgian law. In the event of a dispute that cannot be settled amicably and must be resolved by a court, only the court of Ghent in Belgium has jurisdiction.