General terms and conditions

GENERAL TERMS AND CONDITIONS P&P HANDEL EN VERHUUR & GENERAL TERMS AND CONDITIONS P&P SOLEX VERHUUR

Article 1. Definitions
1.1. In these general terms and conditions, the following terms are
used with the following meanings, unless expressly stated otherwise or unless the context indicates otherwise:
a. User: the user of these general terms and conditions: P&P Handel en Verhuur, as well as P&P Solex Verhuur, having its registered office at Bloemenstraat 8 in (4441 AK) Ovezande;
b. Counterparty: the company or private individual that enters into an agreement with the User, or that has received a quotation/offer from the User, or with whom the User is or will be in any legal relationship, or the person for whom the User performs any legal act;
c. Participant: the Counterparty and/or (legal) person who participates in the activities of the User with or on behalf of the Counterparty;
c. Agreement: the agreement and/or any obligation between User and companies affiliated with User and the Counterparty;
d. Activities: The activities and/or services of User, including but not limited to the rental of vehicles;
e. Vehicle: the subject matter of the agreement, including but not limited to a Solex or Scooter;
f. Driver: the actual driver of the vehicle.

Article 2. General
2.1. These general terms and conditions apply to all quotes, offers, and agreements regarding the performance of deliveries and/or services and/or work by User to the Other Party, and furthermore to all (other) legal acts between User and the Other Party, including negotiations and other pre-contractual situations. User performs its work and/or services exclusively under the applicability of these terms and conditions.
2.1. These general terms and conditions also apply to offers and the online reservation option on the User's website. Acceptance of an offer by making an online reservation is only concluded when the Other Party expressly and unambiguously accepts these terms and conditions. The Other Party demonstrates this express and unambiguous acceptance by checking the space provided for this purpose in the online reservation process.
2.2. These general terms and conditions also apply to all agreements with User for the execution of which third parties must be involved.
2.3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or electronically.
2.4. The applicability of any other general terms and conditions of the Counterparty is explicitly rejected.
2.5. If one or more of the provisions in these general terms and conditions are null and void or become null and void, the remaining provisions of these general terms and conditions remain fully applicable. The User and the Counterparty will then enter into consultations in order to agree on new provisions to replace the null and void or nullified provisions, whereby the purpose and intent of the original provision are taken into account as much as possible.

Article 3. Offers and Quotations
3.1. Each quotation from the User is non-binding. The User may revoke its offer immediately after receiving its acceptance.
3.2. Each offer or quotation is based on performance under normal circumstances and on information, data, documents, etc. provided by the Other Party. The Other Party guarantees the accuracy and completeness of the requirements and specifications provided by or on behalf of the User to the User and other data on which the User bases its offer, including but not limited to the number of
participants. 3.3. Information, data, and documents, etc., as referred to in the previous paragraph include, among other things, the number of participants, their age, their driving license, and medically relevant information. This also includes the dates on which the Other Party wishes to make use of the User's services.
3.4. If the acceptance deviates (on minor points) from the offer included in the quotation, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance.
3.5. A composite price quote does not obligate the User to perform part of their work for a corresponding part of the stated price.
3.6. Offers or quotes do not apply to future orders.
3.7. Obvious errors or mistakes on the website and in brochures, quotes or publications of the User do not bind the User. Nor are typographical errors binding.
3.8. Any specifications, models, images or dimensions that are included, shown or communicated with the quotes or on the website of the User only provide a general representation of a vehicle. Changes that cause the vehicle to actually deviate slightly from the intended specifications, models, images or dimensions, but that do not significantly change the performance of the agreement, do not obligate the User to any compensation and do not give the Other Party the right to suspend payment of the invoice amount.
3.9. The quotes/offers and other documents provided by the User to the Other Party may not be reproduced or made available to third parties without the User's permission.
3.10. The Counterparty must keep the information in the quotation confidential and may not use it for its own use or the use of third parties, or disclose it to third parties, without the User's prior written consent.
3.11. If no agreement is reached on the basis of the quotation, the quotation and all accompanying documents must be returned to the User immediately upon the User's first request and at the Counterparty's expense and risk.

Article 4. Prices and travel expenses
4.1. The prices or rates included in quotations or offers are in euros and exclusive of VAT and other (government) levies.

Article 5. Conclusion of Agreement
5.1. The agreement will only be concluded when the User has received full payment for a booking made by the Other Party on the User's website, unless the parties agree otherwise. The User is also entitled to agree with the Other Party that they require a deposit instead of full payment. If the Other Party does not appear on the agreed day and time, the deposit or full payment will not be refunded.
5.2. If an agreement is concluded in a manner other than through the website, an agreement will be concluded when the User receives a signed order confirmation in writing from the Other Party, or when the User receives a (down) payment for a written or verbal booking.
5.3. The User will, as much as possible or upon request of the Other Party, provide the Other Party with an order confirmation containing the agreements made.
5.4 The Other Party remains responsible and liable until the User has received the keys at the end of the period of use.

Article 6. User Obligations
6.1 User shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. This shall be based on the state of the art and customary practices at that time.
6.2 If User uses the services of assistants, User warrants that these assistants are authorized to perform the work they are to perform. User is responsible for the work of assistants, insofar as this reasonably pertains to the task for which they have been appointed.
6.3 User shall ensure that the vehicles are in good condition upon delivery to the Other Party.
6.4 If damage occurs during the period of use and the Other Party is obliged to compensate this damage to a third party or User, the Other Party must compensate if the insurer of User or the Other Party itself does not make a payment.
6.5 In the event of force majeure, User is not obliged to perform its agreed work. User is entitled to cancel its work in the event of force majeure. In the event of force majeure, the Counterparty is entitled to a refund of any down payments made. The Counterparty is not entitled to any (damage) compensation in the aforementioned situation.
6.6. The User is entitled to divide participants into groups at its own discretion.
6.7. The User is entitled to refuse participants due to the consumption of alcohol, the use of narcotics, such as drugs, nuisance, and/or disruptive behavior towards the User and/or its staff or third parties. In such case, no right to a refund of any down payment exists, nor does payment of the amount (still) owed lapse.
6.8 If and to the extent that proper performance of the agreement so requires, the User is entitled to have certain work performed by third parties.
6.9. The User is at all times entitled to request the Counterparty to provide sufficient security for the fulfillment of its (future) payment obligation(s). The User is entitled to suspend the performance or further performance of the agreement until the requested security has been provided.

Article 7. Obligations of the Counterparty
7.1. The Counterparty is obliged to inform the User without delay about facts and circumstances that may be relevant in connection with the execution of the agreement.
7.2. The Counterparty shall refrain from conduct that makes it impossible for the User to properly execute the agreement.
7.3. The Counterparty is responsible for the complete and truthful filling out of (all) forms by participants prior to the delivery of the vehicles.
7.4. The Counterparty is responsible for informing the User in a timely and truthful manner about medically relevant information of participants.
7.5. The Counterparty and participants shall ensure that vehicles are in the same condition after use as they were before use.
7.6. The Counterparty shall ensure that a driver is available per vehicle. The driver must be at least 16 years of age and possess the required driving licence for at least one year. If the driver cannot present a valid driving licence upon delivery of the vehicle, the vehicle shall not be delivered. In that case, the Counterparty shall not be entitled to a refund of amounts already paid, nor shall its obligation to pay the full amount (still) due lapse.
7.7. Participants must not be under the influence of alcohol, drugs, or narcotics prior to and during the use of the vehicle.
7.8. The Counterparty and all participants acting as drivers must all possess a valid identification document, which they are obliged to show upon the User's first request.
7.9. The Counterparty and/or participants shall inspect the vehicles upon delivery, i.e., prior to actual use.
7.10. The Counterparty and/or participants are obliged to use the vehicle only as follows from the instructions or technical specifications. In case of doubt, the Counterparty must inform the User immediately, without which the Counterparty's right to hold the User liable shall lapse.
7.11. The Counterparty and participants are obliged to follow all (safety) directions and regulations of the User. Consequences arising from acts or conduct contrary to these instructions and regulations shall be at the risk and expense of the Counterparty and participants.
7.12. If nuisance, disruptive behavior, and/or (excessive) alcohol consumption lead to costs or fines for the User, including speeding violations, these shall be borne by the Counterparty.
7.13. The User assumes that the Counterparty complies with all its legal obligations. In the event of a failure to do so, the Counterparty is liable for the consequences, both towards the User and towards third parties.
7.14. The Counterparty shall indemnify the User against any claims from third parties who suffer damage in connection with the execution of the agreement and which is attributable to the Counterparty.
7.15. The Counterparty shall indemnify the User against costs arising from violations committed by the Counterparty and/or the participants during the time in which the Counterparty and/or participants rented the vehicles or otherwise had them at their disposal. Furthermore, the Counterparty indemnifies the User against claims from third parties resulting from collisions, impacts, or running over incidents during the time in which the Counterparty and/or participants rented the vehicles or otherwise had them at their disposal. The Counterparty is aware that he or she bears full responsibility for the participants belonging to his or her group and that, in that context, he or she is liable for the actions and omissions of these participants in the event of damage.
7.16. In the event that it cannot or may not provide an indemnity, or if it is judged that it is not required to provide an indemnity, the Counterparty shall ensure sufficiently adequate insurance coverage.
7.17. If the vehicle is damaged, the Counterparty shall fully compensate the damage to this vehicle and all associated costs. If a group activity is involved and multiple items have been rented and/or supplied, the User is also entitled to offset the deposit of all participants in the group against damage caused to one or more vehicles, or other damage for which the Counterparty is liable.
7.18. In the event of loss or theft of the vehicle, the Driver is obliged to compensate the damage suffered by the User, including but not limited to the new value of the vehicle.
7.19. If the Counterparty fails to fulfill its obligations towards the User, or fails to do so in a timely or complete manner, the Counterparty shall be liable for all damage suffered by the User as a result.
7.20. The Counterparty is jointly and severally liable towards the User for all obligations arising from the agreement.
7.21. The Counterparty entering into the agreement on behalf of or for the benefit of third parties is, in addition to these third parties, jointly and severally liable for all obligations arising from the agreement. Furthermore, the participants are liable for their (independent) share in the obligations arising from the Agreement.
7.22. The Counterparty may not transfer the obligations arising from the agreement to a third party without the consent of the User.

Article 8. Vehicle Rental and Deposit
8.1. Vehicles are delivered under the supervision of the User, an employee of the User, or a third party engaged by the User. The other party must pay a deposit, unless the parties agree otherwise.
8.2. Participants are required to test and inspect the vehicle before actual use upon delivery. Participants are obligated to report any (possible) defect or imperfection to the User immediately, i.e., before actual use, upon delivery.
8.3. The other party or participants must pay a deposit per vehicle upon delivery of the vehicles. The deposit amount is determined in proportion to the number of days the vehicle is rented, unless the parties agree otherwise.
8.4. At the end of the rental period, the User will refund the deposit amount to the other party in the same manner in which it was paid. If the deposit was paid by debit card, it will be refunded by bank transfer. The deposit will only be refunded if the vehicle is in the same condition after use as it was before use by the other party. The condition of the vehicle is at the sole discretion of the User.

Article 9. Transfer of risk
The risk of the vehicle is transferred at the moment that the User makes it available to the Other Party.

Article 10. Payment
10.1. Payment must be made immediately in a manner to be indicated by the User, unless the parties agree otherwise.
10.2. Payment shall be made in full prior to the date of rental or other use of the vehicles, unless the parties agree otherwise. If payment has not already been made before the execution date, payment must be made immediately upon delivery of the vehicles.
10.3. The Counterparty is responsible for timely payment.
10.4. If the Counterparty has not paid the invoice amount on time, the Counterparty is in default and statutory interest shall be due from the Counterparty. All judicial and extrajudicial collection costs incurred by the User to collect the claim from the Counterparty shall be borne by the Counterparty. The extrajudicial collection costs shall in any case amount to 15% of the principal sum with a minimum of € 150.00. If the actual extrajudicial costs incurred (including costs payable to a lawyer or bailiff) exceed 15% of the principal sum, the Counterparty shall owe the actual costs incurred.
10.5. In the event of liquidation, bankruptcy, attachment, or suspension of payments by the Counterparty, the User's claims against the Counterparty shall become immediately due and payable.
10.6 Any payment by the Counterparty shall first be applied to the satisfaction of the accrued interest(s) and subsequently to the satisfaction of the collection costs. Only after satisfaction of these amounts shall any payment by the Counterparty be applied to the satisfaction of the outstanding principal sum.
10.7 The User is entitled to refuse the Counterparty and participants and/or the release of vehicles if payment has not been made on time and/or in full.

Article 11. Suspension and Dissolution
11.1. The User is entitled to suspend the performance of its work for the Counterparty under the agreement with immediate effect if:
a. after the conclusion of the agreement, circumstances have come to the User's attention which give good grounds to fear that the Counterparty will not fulfill its obligations. In the event that there are good grounds to fear that the Counterparty will only partially or improperly fulfill its obligations, the suspension is permitted only to the extent that the failure justifies it.
11.2. The User is entitled to dissolve the agreement (partially) if the Counterparty fails to fulfill its obligations under the agreement, or fails to fulfill them fully, and the Counterparty has not responded to a sent notice of default, or if a notice of default is futile.
11.3. Furthermore, the User is entitled to dissolve the agreement if circumstances arise which are of such a nature that performance of the agreement is impossible or can no longer be reasonably and fairly expected, or if other circumstances arise which are of such a nature that the continued existence of the agreement in its unchanged form cannot reasonably be expected.
11.4. The User is entitled to dissolve the agreement if the Counterparty requests a suspension of payments or such is granted to the Counterparty, in the event that the Counterparty is declared bankrupt or a request to that effect is filed, in the event that the Counterparty is unable to meet its debts, proceeds to terminate or liquidate its business, is placed under guardianship or other (government) supervision, or in the event that an administrator or receiver is appointed.

Article 12. Liability and Statute of Limitations
12.1. The User cannot be held liable for compensating any damage that is a direct or indirect consequence of:
a. an event that is in fact beyond its control and thus cannot be attributed to its actions and/or omissions, as described, inter alia, in Article 13 of these General Terms and Conditions;
b. any act or omission of the Counterparty or participants, or others involved by the Counterparty in the (execution of) the agreement and/or the rental or use of vehicles.
12.2. The User is not liable for damage of any nature whatsoever resulting from the User relying on incorrect and/or incomplete information provided by the Counterparty.
12.3. The User is not liable for any accidents involving vehicles rented out by the User or otherwise provided to the Counterparty, caused by, for example, incorrect or unskilled use, or use contrary to the instructions, safety guidelines, user manual, methodology, or what is customary.
12.4. In no event shall the User be liable for damage arising from or caused by the Counterparty using the vehicle rented out by the User for a purpose other than that for which it was purchased.
12.5. If the Counterparty or a third party makes modifications to the vehicle rented out by the User, the User excludes all liability regarding its operation and any (consequential) damage.
12.6. The User accepts no liability whatsoever if, contrary to the advice of the User, the Counterparty demands that the User's activities must nevertheless proceed. 12.7.
Neither the User itself, nor those working there and/or its assistants shall be liable to the Counterparty for any consequential or indirect damage, regardless of its origin.
12.8. The User is not liable for damage caused by the Counterparty or participants failing to fulfill their obligations arising from these general terms and conditions, the agreement, or the law. In the event of a conflict, these general terms and conditions shall prevail.
12.9. If the User should be liable for any damage, the User's liability is limited to the amount of the payment made by the User's insurer. If the insurer does not make a payment in any case or the damage is not covered by the insurance, the User's liability is limited to 10% of the invoice amount with a maximum of € 750, or at least to that part of the agreement to which the liability relates. For the remainder, the Counterparty shall itself ensure adequate insurance.
12.10. The limitations of liability included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the User or its subordinates. 12.11
. Claims and other rights of the Counterparty against the User, on whatever grounds, shall in any event lapse after the expiration of six months from the moment a fact occurs that allows the Counterparty to exercise these rights and/or powers against the User and the summons has not been served on the User.

Article 13. Force Majeure
13.1. The User is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure shall in any event be understood to mean: unexpected damage to vehicles the cause of which lies beyond the control of the User, including but not limited to vandalism; extreme weather conditions, such as: (tropical) storms, tornadoes, hurricanes, lightning, and extremely high or low temperatures; floods; landslides; corrosive air; terrorism; obstructions by third parties, including those by government authorities; transport obstructions; strikes; riots, wars or threats of war; fires, breakdowns and accidents in the business of the User or of its supplier; the burning of means of transport of the User or its supplier, the occurrence of malfunctions therein, or involvement in accidents thereof; measures by any domestic, foreign or international government, whether or not in connection with a pandemic or outbreak of diseases and viruses.
13.2. Force majeure shall also be understood to mean a failure on the part of suppliers or third parties engaged by the User.
13.3. In the event of force majeure, the User shall not be held liable for compensating any damages as a direct or indirect consequence thereof and shall also be provisionally relieved of its obligation to deliver or to perform the agreed work. It shall depend on the circumstances of the case whether this will be and remain the case, either wholly or partially, or whether there will merely be a suspension of delivery and/or performance. Should an opportunity arise to deliver and/or perform, either subsequently or in a modified manner, both the User and the Counterparty shall be obliged to utilize such an opportunity, possibly subject to an adjustment of the amounts payable by the Counterparty.
13.4. If the force majeure situation has lasted longer than 2 months, the parties shall have the right to terminate the agreement by written dissolution. That which has already been delivered pursuant to the agreement shall be settled proportionally.

Article 14. Confidentiality
14.1. Both parties are obliged to maintain confidentiality of all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
14.2. If, based on a statutory provision or a court ruling, the User is obliged to provide confidential information to third parties designated by law or the competent court, and the User cannot invoke a legal right of non-disclosure or a right recognized or permitted by the competent court, then the User is not obliged to pay damages or compensation, and the Other Party is not entitled to terminate the agreement on the grounds of any damage resulting from this.

Article 15. Intellectual Property
15.1. The User retains at all times all intellectual property rights to photo and/or film material or other materials or (electronic) files created and/or made available by it in the context of the use of vehicles by participants. The User retains the right to use, publish, and/or reproduce this photo and/or film material, the other materials, and/or (electronic) files in any manner it deems appropriate. The User is free to post photos and film material on its website in which the Counterparty is visible, for example for advertising purposes. If the Counterparty does not give permission for this, it must notify the User accordingly.
15.2. The Counterparty is not permitted, without the written permission of the User, to copy the photo and/or film material, the other materials, and/or (electronic) files made available, in whole or in part, other than for internal use, to reproduce them, or to make them public.
15.3 The Counterparty indemnifies the User against claims from participants or third parties regarding intellectual property rights in, or in connection with, the agreement made or used by or on behalf of the User.
15.4. The Counterparty further indemnifies the User against claims from third parties regarding intellectual property rights in photo and/or film material, other materials and/or (electronic) files, materials or data provided by the Counterparty, which are used in the execution of the agreement.

Article 16. Personal Data
The User processes the Counterparty's personal data as stated in the agreement in accordance with applicable legislation regarding the processing of personal data (GDPR). Based on this processing, the User can: perform the agreement, provide the Counterparty with optimal service and fulfill its obligations to the Counterparty, provide the Counterparty with up-to-date information in a timely manner, and make personalized offers. In addition, the personal data may be made available to third parties for direct marketing activities. Any objection lodged with the User by the Counterparty against the processing of personal data within the meaning of the GDPR for direct mailing activities will be honored.

Article 17. Final provisions
17.1. In the event of any interpretation of the content and scope of these general terms and conditions, the Dutch text shall always be decisive.
17.2. Every agreement between User and the Other Party shall be exclusively governed by Dutch law.
17.3. All disputes relating to agreements between the Other Party and User shall be submitted to the competent court in the district where User is established, subject to law.